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Subtenancies

This content applies to England

Security of tenure of private and public sector subtenants, and their position when the immediate landlord's tenancy ends.

Subtenancy definition

Subtenants’ occupation rights and rules for different tenancy types when an existing mesne tenant lets their home to a subtenant. 

Secure tenant grants a subtenancy

Secure tenants can sublet part of the property with the written consent of the landlord and have an absolute right to take in lodgers. 

Subtenancy by regulated tenant, business tenant or leaseholder

Subtenancies granted by regulated tenants, business tenants and long leaseholders may be allowed with landlord’s consent or prohibited. 

Subtenancy by assured or assured shorthold tenant

Rules for subletting periodic and fixed term tenancies focus on whether landlord’s consent is required or not. 

Position of subtenant when mesne tenancy ends

When the mesne tenancy ends, the subtenancy usually also ends, unless subtenant becomes the tenant of the head landlord. 

Unauthorised subletting of social housing

Criminal offences relating to the unauthorised subletting of social housing by secure, flexible, assured, and assured shorthold tenants. 

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