Private residential tenant wants to sublet

A private residential tenant cannot sublet either the whole or part of the tenancy unless the landlord gives their written consent. [1]

If a private residential tenant wishes to sublet their tenancy 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.

Consent should be sought in writing. Ideally the head landlord should be asked to sign the subtenancy lease as well.

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.