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.
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.
Whilst the head tenancy continues there is no directly enforceable relationship between the landlord and the subtenant.
This section discusses the legality of subtenancies.
It is possible for a Scottish secure tenant to sublet her/his property.
It may be possible for a private residential tenant to sublet her/his property.
It may be possible for an assured tenant to sublet her/his property.
A regulated tenant can sublet the property unless her/his tenancy agreement forbids this.
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.
Last updated: 29 December 2014