Responsibilities

If you decide to sublet your rental property, you will become a “mesne tenant,” assuming the role of a landlord for the subtenant. As a mesne tenant, you have certain responsibilities. Firstly, you must conduct right-to-rent checks on the subtenant, collect rent from them, and address any reasonable repair requests they may have.

Additionally, you are subject to the same eviction procedures as landlords. If the subtenant violates any conditions outlined in their tenancy agreement, you must follow the legal process to evict them. It’s important to note that you will ultimately be held responsible for any rent arrears or damages caused by the subtenant.

Is Subletting Illegal?

Subletting without the landlord’s permission is considered illegal. In such cases, the landlord has the authority to evict both you and the subtenant from the property.

If you reside in social housing and engage in illegal subletting, the consequences are more severe. Along with eviction, you may face substantial fines. To avoid any issues, always seek permission to sublet. While landlords have the right to refuse, they must provide a valid reason for their decision.

Reasons for Landlord’s Prohibition of Subletting

The “head landlord” is the property owner from whom the mesne tenant rents the property.

Subletting can pose problems for head landlords, as they have less control over who occupies their property. It can also increase the risk of the property being deemed an illegal house in multiple occupation (HMO) if the subtenant further sublets to multiple individuals. Most properties with three or more tenants require an HMO licence from the council.

Respect your landlord’s decision if they deny your request to sublet. It is their property, and their reasons for prohibiting subletting may be valid.

Choosing the Right Subtenant

If you lack experience in handling rent collection and evictions, it is generally advisable to select a subtenant whom you know personally. If you choose a stranger, take the time to get to know them and ensure they align well with your lifestyle. Being selective can help avoid future problems since you will be living with them.

End of a Subtenancy

When the mesne tenant’s contract comes to an end, the subtenancy typically ends as well. If the subtenant wishes to continue residing in the property, they should approach the head landlord (property owner) and inquire about the possibility of establishing a new tenancy agreement.