Subletting: the rules for tenants and landlords
Subletting is where a tenant grants someone else the right to occupy: the whole property, or part of it. Whether that is allowed depends almost entirely on the tenancy agreement, which is why the clause matters.
The default position
A well-drafted agreement prohibits subletting or parting with possession without the landlord's written consent. Without such a clause, a periodic tenant's position is stronger than most landlords assume, which is exactly why template quality matters. Consent clauses framed as absolute prohibitions and those requiring consent behave differently: where consent is required it must not be unreasonably withheld.
Subtenant or lodger?
A tenant who takes a lodger while continuing to live in the property is not subletting the whole; a tenant who moves out and installs someone else is. The distinction carries consequences: whole-property subletting without consent is a serious breach, and the occupier's own status becomes precarious. Our lodger vs tenancy guide maps the boundary.
Unauthorised subletting
It is a breach of the tenancy giving rise to the breach ground under Section 8, with two weeks' notice, and in social-housing-adjacent fraud cases a criminal matter. Evidence first: written records, and the tenant's own admissions where the arrangement is discussed. Insurance and mortgage conditions are also typically breached by unknown occupiers, which is the practical reason landlords police this.
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Start my agreement →Frequently asked questions
Can a tenant take in a lodger?
Only with the landlord's consent where the agreement requires it, which most do. A lodger while the tenant remains in residence is the mildest form; whole-property subletting is the serious one.
Is subletting without consent illegal?
It is a breach of contract rather than a crime in the ordinary private case, but it grounds possession proceedings and can void insurance. Housing fraud contexts can be criminal.