Subtenants

This content applies to England only.

Housing laws vary between England and Scotland. This page applies to England only. Get advice relating to Scotland

Most private tenants rent from a landlord who owns the property. However, some people rent from another a tenant rather than the owner. The owner is called the head landlord. If you are in this situation you are likely to be a subtenant. This section explains how and when sub tenancies happen. It also describes particular issues subtenants may face.

If you are a subtenant and you are unsure of your rights, get advice from a housing aid centre, citizens advice bureau, the council or other local advice centre. Use the Advice Services Directory to find agencies in your area.

Am I a subtenant?

You are a subtenant if you rent from someone who is a tenant. You may be a subtenant if:

• you rent the whole property from another tenant
• you rent part of a property from another tenant

What is my tenancy status?

As with any other type of tenant your tenancy status depends on:

• the type of accommodation you live in
• whether you share with your immediate landlord
• the date you moved in
• what your tenancy agreement says

It is possible for subtenants to have any type of tenancy if the conditions for that type of tenancy are met. But if you are a subtenant who lives in the same building as your immediate landlord you will have very few rights.

What are my rights?

If you are a subtenant you have the same rights as a normal tenant. This includes rights to:

• claim housing benefit to cover the rent
• occupy the accommodation without interference from other people
• challenge rent increases

However your situation may change if your landlord's tenancy ends (read on). This is important if your immediate landlord has a fixed term tenancy.

What happens if my landlord's tenancy ends?

You will have a valid tenancy for as long as your immediate landlord's tenancy continues. But whether you have any rights after your immediate landlord's tenancy ends depends on whether your sub tenancy is legal.

Whether your sub tenancy is legal or not depends on:

• what type of tenancy your immediate landlord has
• what it says in your immediate landlord's tenancy agreement
• whether the head landlord agreed to the sub tenancy

If the head landlord accepts rent directly from you, your tenancy is likely to become legal. This is true even if your sub tenancy was originally illegal (for instance because your immediate landlord's tenancy agreement said subletting is not allowed). By accepting rent the head landlord admits that you have a right to occupy the accommodation. This is a complicated area of law, so get advice if you are in this situation.

If your landlord's tenancy ends and your sub tenancy remains illegal, the head landlord is likely to be able to evict you fairly easily.