Regulated tenant grants subtenancy

A tenancy agreement should be checked to see whether or not the tenant is allowed to sublet. If the lease does not forbid subletting then the tenant should write to the landlord stating:

• that the tenant wishes to sublet their tenancy (not assign or renounce)

• the address of the property

• the name of the subtenant

• the date of the proposed subtenancy

• details of the rent to be charged.

This must be done within 14 days of the start of the subtenancy. [1]

If the head tenant fails to do this or gives false information without a reasonable excuse then they will be liable to a fine. [2] If the landlord's consent is not obtained then this may be a ground for recovery of possession. [3]

If a protected tenant charges a subtenant more than the lawful rent then this will be a ground for recovery of possession. [4]

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

Unlike for Scottish secure tenancies there is no provision that the landlord's consent shall not be unreasonably withheld. If the tenant wants to sublet the tenancy to someone and the landlord refuses permission, then that is an end to the matter.