Assured tenant grants subtenancy

It is an implied term of every assured tenancy that the tenant cannot sublet either the whole or part of the tenancy unless the landlord gives consent. [1] This only applies if there is no clause in the lease dealing with subletting. If there is a clause dealing with subletting then what that clause says takes precedence over the implied term. [2]

If an assured tenant wishes to sublet their tenancy and either the lease is silent on the matter or it says the landlord's permission must be sought then the landlord must be asked to consent to the sublet. If there is a clause in the lease dealing with subletting then it should be checked to see if a particular procedure is to be followed. If it does not lay down a procedure or is silent then clearly the landlord will have to give active consent. [3]

Where the landlord's consent is needed it is a good idea to have her/him sign the subtenancy lease as well.

Where the lease states that the landlord's consent is not needed the sublet should be intimated to the landlord.

There is no provision, similar to that for Scottish secure tenancies, that the landlord's consent shall not be unreasonably withheld. If the tenant wants to sublet the tenancy and the landlord refuses permission then that is an end to the matter; however, it is always important to check the tenancy agreement.

The prohibitions on subletting assured tenancies apply to short assured tenancies.