Helping landlords whose tenant is subletting without consent
If your tenant requires permission from you before subletting a property you own or are not allowed to sublet, but do so anyway without your consent, then you likely have grounds to take legal action. The consequences can be more serious for some social housing tenants, as they may also be committing a criminal offence.
As a landlord, it is important that you know your duties and responsibilities, so that if such a circumstance arises, you are able to take appropriate action and resolve the issue successfully
At AST Assistance, we have extensive experience in helping landlords whose tenant is subletting without consent. We guide landlords through the steps they can take to ensure that the matter is settled with your best interests in mind.
What is subletting?
Subletting is the act of an existing tenant letting part or all of the property to another individual, who is known as the subtenant.
In some cases, the landlord may deem it acceptable to allow the existing tenant to sublet part or all of the property. This can be a useful way of ensuring that the property continues to be filled during periods of vacancy between tenants, for example.
The team at AST Assistance has the experience and tools necessary to help you approach cases of subletting of your property, ensuring that you take appropriate action while undertaking your legal duties as the landlord.
Your options if a tenant sublets without consent
The tenancy agreement should explicitly state whether the tenant is allowed to sublet the property - if this is not mentioned, permission should be asked by the tenant in writing.
A breach of this agreement creates ground for you to take legal action, so it is important that both parties are aware of the rules laid out prior to the tenancy starting.
We will review your tenancy agreement and explain your legal rights to you, so that you understand your options for action and can take the best course of action for your interests.
Possessions proceedings and eviction
Subletting, when it is against the tenancy agreement, gives you a legal reason or grounds to start possession proceedings and evict your tenant.
To successfully evict a tenant, you must take appropriate steps and follow specific legal processes. The process will vary depending on the type of tenancy, so it is vital that you understand your rights before starting.
This process typically involves serving the tenant with a form of written notice seeking possession of the property. When a tenant breaks the tenancy agreement, you can start eviction proceedings by serving a Section 8 Notice, citing the discretionary Ground 12 of the Housing Act 1988 as amended by the Housing Act 1996. Should the notice expire, you must apply to the county court for a possession order.
Thanks to the experience of the specialist team at AST Assistance, we are at your side to begin possession proceedings and eviction, making sure that you are undertaking your legal duties and effectively resolving an eviction.
Evicting without legal grounds
If a tenant sublets the entire property, or sublets and moves to another property, you will have the right to eviction without legal grounds.
You must first serve notice to quit, which indicates the end of the tenancy. By serving a notice to quit, you do not have to provide legal grounds to evict your tenant or prove to the court that it is reasonable to evict.
Whichever recourse you choose, you must understand your legal rights as a landlord. Failing to stick to these could result in legal action taken against you, which could impact the outcome you deserve.
Having helped countless landlords with subletting circumstances, we are building a reputation for delivering a streamlined service that keeps you up to date throughout, all while working to secure the satisfactory result you desire.
Get in touch
For more information about dealing with a tenant who is subletting without consent, or any other breaches of the tenancy agreement, contact the specialist team at AST Assistance today. Call us on 01706 619 954, email email@example.com, or fill in our online form to request a call back.