Tenure of subtenant

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

There will be the relationship of landlord and tenant between the landlord and head tenant and a separate relationship of landlord and tenant between the head tenant and subtenant in which most of the rules of security of tenure apply. For example it is quite possible for a subtenant to be an assured tenant if all the necessary requirements are met. However a subtenant who rents a room from the head tenant will have little or no protection as they will have in effect a resident landlord.

If the head tenant wishes to evict the subtenant, s/he must comply with whatever procedures the subtenant's status requires/according to the terms of their contract. Even if the head tenant is subletting unlawfully, in other words, where her/his tenancy agreement does not allow subletting it will not affect the validity of the relationship between the head tenant and the subtenant. However the legality of the subletting may be of crucial importance if the head tenancy comes to an end.