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This section looks at the security of tenure of subtenants and at their position when the immediate landlord's lease comes to an end. The section covers both private and public sector subtenancies.

What is a subtenancy?

A subtenancy arises when a tenant creates a tenancy out of her/his interest in the lease, but remains in the position of tenant against the landlord. 

Tenure of subtenant

Whilst the head tenancy continues there is no directly enforceable relationship between the landlord and the subtenant. 

Lawful subtenancy

This section discusses the legality of subtenancies. 

Scottish secure tenants

It is possible for a Scottish secure tenant to sublet her/his property. 

Private residential tenants

It may be possible for a private residential tenant to sublet her/his property. 

Assured tenants

It may be possible for an assured tenant to sublet her/his property. 

Regulated tenants

A regulated tenant can sublet the property unless her/his tenancy agreement forbids this. 

Head tenancy ends

As long as the head tenant continues to hold a tenancy, the subtenant can be advised in the same way as any other tenant. But once the head tenancy ends, the position of the subtenant needs clarification. 

This content applies to Scotland

Last updated: 29 December 2014