The Legalities of Subletting: What You Need to Know

Subletting a property can seem like a straightforward solution for tenants who wish to share their living space or temporarily vacate. However, it's crucial to understand the legal implications and requirements before proceeding.

Permission from the Landlord

The first and most important step in the subletting process is to obtain written permission from the landlord. Subletting without consent could be a breach of your tenancy agreement and may result in eviction or legal action.

Legal Occupants

It's essential to note that anyone who occupies the property must either be a named tenant on the AST or a permitted occupier. All occupants over the age of 18 must also undergo Right to Rent checks to comply with UK law.

Variation of Contract

If you're adding a new person to the agreement, this constitutes a 'variation of contract,' which typically incurs a £50 fee. The new tenant will also need to be referenced to ensure they meet the necessary criteria.