What is Subletting?
Last verified 31 October 2026
Subletting is when a tenant lets all or part of the home they rent to another person. GOV.UK says tenants should only sublet if the tenancy agreement or the landlord allows it.
Why it matters to landlords
For periodic assured tenancies in England, section 15 of the Housing Act 1988 implies a term that, unless the landlord consents, the tenant may not assign the tenancy or sublet or part with possession of all or part of the home. The rule that a landlord cannot unreasonably withhold consent does not apply to this implied term. It does not apply if the tenancy already regulates assignment or subletting, or if a premium is payable. The Renters' Rights Act 2025 removed some wording from section 15(3) from 1 May 2026, so use the current text.
Put your position in the agreement so there is no argument later, and say whether you will ever consent. Unauthorised subletting can turn one household into several, which can bring HMO licensing into play, so ask the tenant who lives in the property. Check mortgage and insurance terms, which may restrict it. Tenancy law in Wales and Scotland differs.
Example
Hamid's tenant in Luton asks on 14 February 2027 to rent out the spare room to a colleague. Hamid declines in writing, explaining that a third adult sharer could change the licensing position of the house. He reminds the tenant the agreement does not permit subletting.