Subletting from another tenant

Subletting means you rent from someone who is a tenant, not the property owner.

If you're a subtenant, your immediate landlord is the person you rent from.

The head landlord is the person who owns the property. They're sometimes called a 'superior landlord'.

You do not have a direct legal relationship with the head landlord.

Example of subletting:

What tenancies do subtenants have?

It depends where your immediate landlord lives. 

If you rent a room in your landlord's home and share a kitchen, bathroom or living room with them, you're a lodger.

If your landlord lives in a different building, you're usually an assured tenant.

If you live in a house or building that's been converted into flats and your landlord lives in another flat in the building, you have basic protection from eviction. 

If your immediate landlord asks you to leave

Assured tenants and occupiers with basic protection cannot be evicted without a court order. Find out about eviction notices from private landlords.

Lodgers can usually be evicted without a court order. 

If the head landlord asks you to leave

You have rights even if the head landlord wants you to leave.

You can stay as long as your immediate landlord's tenancy continues, even if they do not have permission to sublet.

The head landlord usually needs to end your immediate landlord's tenancy if they want you to leave.

It is illegal eviction if the head landlord:

• forces you to leave without getting a court order

• changes the locks

If your immediate landlord's tenancy ends

Your tenancy often ends if your immediate landlord's tenancy ends. But there are exceptions.

Your right to stay depends on things like:

• the tenancy your immediate landlord had

• how their tenancy ended

• if they had the head landlord's permission to sublet

You can:

• get legal help if you're asked to leave

• ask the council for help if you're facing homelessness

If the head landlord is a private landlord 

You could ask to stay on and pay rent directly to the head landlord.

If they accept rent from you, this could show they see you as a legal tenant.

You should still ask for a written contract so your rights are clear.

If the head landlord is a council or housing association

It's illegal for a council or housing association tenant to sublet their whole home. 

You are not breaking the law if your immediate landlord sublet the property to you without the council or housing association's permission.

But you will probably not have the right to stay there in the longer term.