Subtenants
This content applies to England only.
Housing laws vary between England and Scotland. 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 subtenancies arise and describes particular issues subtenants may face.
Am I a subtenant?
You may be a subtenant if:
- you rent the whole property from another tenant
- you rent part of a property from another tenant.
What are my rights?
As with any other type of tenancy your rights 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.
If you are a subtenant you have the rights to:
- claim housing benefit to cover the rent
- occupy the accommodation without interference from other people
- challenge rent increases.
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.
Use our tenancy checker to find out what kind of tenancy you have.
Is subletting allowed?
Subletting is only allowed in certain circumstances and you almost always need permission from your landlord. If you attempt to sublet the whole of your property without permission, your landlord may be able to end your tenancy very easily. This is particularly likely if the landlord is a council or housing association.
Organisations often work together to identify tenancy fraud and may:
- take photographs of tenants to confirm their identity
- visit unannounced to check who’s living at the property
- conduct interviews and investigations to gather evidence
- run a telephone hotline where people (ie neighbours) can anonymously report people who they think are subletting illegally – in some areas cash rewards may even be offered for this sort of information.
If you sublet your property to another tenant without permission, and have made a profit from subletting, your landlord may also be able to take you to court to claim damages.
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 subtenancy is allowed.
Whether your subtenancy is allowed 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 (the person your landlord rents from) agreed to the subtenancy.
If the head landlord accepts rent directly from you, your tenancy is likely to be permitted. This is true even if your subtenancy was originally not allowed (for instance because your immediate landlord's tenancy agreement said subletting is not allowed). By accepting rent, the head landlord accepts that you have the right to occupy the accommodation.
This is a complicated area of law, so get advice if you are in this situation. Use our directory to find an adviser in your area.
If the tenancy ends for the person you rent from and your subtenancy has not been accepted by the head landlord, you can be evicted fairly easily.
What's the difference between a lodger and a subtenant?
A subtenancy can apply to anything from a single room to an entire property. The main difference is that the subtenant must have exclusive access to at least one room - usually a bedroom. Neither the person you rent from, nor the head landlord can then enter the subtenant's accommodation without permission.
Having a lodger is similar to a subtenant, but the lodger can't stop the landlord from entering their room(s). The lodger may also receive some services, such as meals, laundry or cleaning. These things will depend on what was agreed at the start of the tenancy. Subtenants may have stronger rights than lodgers.
If you are a subtenant and you are unsure of your rights, get advice from a Shelter advice centre, Citizens Advice, the council or other local advice centre. Find advice agencies in your area.
