Subletting is surprisingly common and can offer benefits for both landlords and tenants. But what counts as subletting? And what do landlords need to know about the risks?
We explore what subletting is and what you can do as a landlord to mitigate the risks.
Subletting is when a tenant decides to rent out either a room or whole property to a third party. For example, if a tenant decides to go travelling for an extended period, they might try to let their room out to another tenant to pay their rent. Other reasons could include;
To be a sublet, the original, existing tenant needs to give exclusive access of at least one area of the property to the subtenant. The subtenant will not pay rent directly to the landlord but to the original tenant.
In most cases, subletting is legal if the tenant obtains the landlords permission to let out the rental property.
However, if the tenant sublets without written permission, they could come into legal difficulties.
This all depends on what it says in the tenancy agreement. If there is a section in the agreement that says a tenant can ask the landlord to sublet, landlords will need to have a valid reason for refusal.
However, if there is no mention of subletting in the tenancy agreement, as a landlord, you can refuse more easily.
It’s worth noting that in the case of fixed term tenancies, the tenant may still be able to sublet without consent if there is no mention in the agreement. That’s why it’s important to be clear on the terms of your agreement from the get-go.
Not keen on the idea of allowing a tenant to sublet? There are a few steps you can take to ensure it doesn’t happen;
If a tenant decides to go ahead and sublet without permission, there are two main circumstances that most commonly occur;
The tenant rents out a room in the property whilst still living at the address.
This is the most common situation, and often happens when flatmates move out unexpectedly.
In this situation, think carefully about how you want to proceed. If the new subtenant has caused no issues and the rent is paid on time, it can sometimes be advantageous to allow them to continue living at the property. If this is the case, draw up an agreement to stay protected. Don’t accept any payment until you have a proper tenancy agreement in place.
The tenant rents out several or all the rooms in the rental property whilst living at a different address.
This could have serious consequences for you as the landlord. If these subletting tenants report issues to the original tenant who they assume is the landlord, property maintenance issues may go unresolved and you start to lose control of your property.
If you discover your tenant is subletting without your permission, there are a few steps you can take;
If a tenant decides to sublet their room, there are a number of risks you need to be aware of;
Some insurance and mortgage providers don’t allow subletting and ignoring this could lead to voiding your contract. It’s vital you avoid this at all costs by checking your agreement before allowing a sublet.
If your original tenant decides to move out, but their subtenant is still living in your rental property, you may come up against issues. Evicting a tenant without a tenancy agreement can get complicated.
Subletting doesn’t always spell disaster. In fact, it can be profitable for both landlord and tenant, solving common issues such as change of circumstance.
If you do decide to grant your tenant permission to sublet, here’s a few steps you can take to ensure your investment stays protected;
If you need a helping hand protecting your investment, we have teams of experienced inventory clerks across the country ready to support you.
We can provide regular property visits, every 3-4 months to ensure your property is being well maintained and tenants are fulfilling their contractual obligations.
In addition, a comprehensive inventory report is one of the best ways to protect your investment in the long term.
Interested in hearing more? Get in touch or visit our services page to find our property inventory packages.
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