Sublease

A sublease is the re-renting of property by an existing tenant to a new third party for a portion of the tenant's existing lease contract.Even if a sublease is permitted, the original tenant is still liable for the obligations stated in the lease agreement, such as the payment of rent each month.

If a tenant is subletting without consent, it's likely they will have broken terms in their tenancy agreement. This breach of contract means that the landlord can take action to evict them from their home. Possession proceedings can be started quickly, but it's important to follow the correct legal process.

A subtenant is not a cotenant and does not have a direct relationship with your landlord. As their landlord, you can (and should) require them to pay rent directly to you and evict them if they fail to follow through. This differs from a cotenant, who can be evicted only by your landlord.

If a court finds you guilty of the first offence of unlawful subletting, you can be fined in the magistrates' court.At the magistrates' court, you can get up to six months in prison or a fine, or both. At the Crown Court the maximum penalty is imprisonment for two years or a fine, or both.

In short, subletting allows a new renter to take over the lease directly with the landlord, while subleasing involves renting all or part of the space to another renter through the original renter.

On your sublease agreement, include a list of various areas of the property (including the subtenant's room, hardwood floors, walls, exterior, etc.) and note its condition. And since you and your subtenant will need to abide by the original lease that you signed, it's important to include this with your sublease.

Subleasing a Rental Property When a tenant whose name is on the lease rents a room, a portion of the property, or all of the property to another, it is referred to as subleasing (or subletting).So, if the subtenant owes back rent, the landlord has the option of suing the original tenant.