What are the legal implications of a sublet?

FAQ – When a property is sublet, does the original tenant still pay rent to the landlord? The legal effect of subletting is that the original tenant is still bound by the lease he or she has with the landlord, and is therefore still responsible for paying rent.

Can I sublet a shared ownership property?

Shared Ownership is an affordable housing product designed to help first time buyers who can’t afford a property on the open market, get a foot onto the property ladder. With this in mind, subletting is not allowed under the terms of a Shared Ownership lease, unless there are exceptional circumstances.

Can you take someone to court for subletting?

As well as the risk of being prosecuted under the criminal law, your landlord may take legal action against you in the civil court if you sublet your home unlawfully. For example, if you’ve broken a term in your tenancy agreement your landlord can start possession proceedings to evict you.

Who is the head landlord if you are a subtenant?

You could be a subtenant if another tenant rents the place you live and you then rent it from the tenant. For example, a tenant rents a house from the council and then the tenant sublets a room to you as a subtenant. The tenant is your immediate landlord. The owner of the property is called the head landlord.

Can a subtenant live in the same house as the landlord?

A subtenant who shares accommodation with their landlord has an excluded tenancy. You have exclusive possession of the area that you pay rent for. For example, if you rent a room in the same house as your landlord, they cannot enter your room without your permission.

What does it mean to be a subtenant in a tenancy?

A subtenancy is created when an existing tenant lets some or all of their home to another tenant – the subtenant. If you’re a subtenant and don’t share any accommodation with your landlord, the rights you have generally depend on when your tenancy started and the type of tenancy you have.

Can a head tenant share a room with a sub tenant?

Head-tenant/sub-tenant In this situation, the sub-tenant enters an agreement with the head-tenant (the person whose name is on the lease with the landlord) to have exclusive use of a room and to share other facilities equally. The head-tenant must have the landlord’s permission to sub-let.

What are rights of subtenants who live with their landlord?

Rights of subtenants who live with their landlord A subtenancy is created when an existing tenant lets some or all of their home to another tenant – the subtenant. If, as a subtenant, you share some accommodation with your landlord, you will have certain rights.

Can a landlord go to court to get a subtenant out?

If your written rental agreement prohibits subleasing, moving a new person in could give the landlord grounds to go to court to get you or the subtenant out. If you have a subtenant, you still have a rental agreement with your landlord.

Can a subtenant have an assured shorthold tenancy?

Many subtenants will have an assured shorthold tenancy. You will have an assured shorthold tenancy if: you don’t share any accommodation with them. It’s possible, but less common, for a subtenant to have an assured tenancy. This is likely to be the case where:

Can a landlord collect unpaid rent from a sublet?

For example, if the new tenant fails to pay rent, the landlord can collect unpaid rent from the original tenant. The new tenant who sublets is also responsible for the obligations of the lease. Before subletting, the original tenant must receive consent from the landlord to sublet the property.