22^nd Jan 2018

In the majority of cases if a tenant wishes to sublet part of their 'home' then the landlord has to agree for them to be able to proceed. However it is apparent that subletting without the landlord's consent is on the increase.

If a tenant does sublet the property without the landlord being told then they are in danger of being evicted. This action could cause the landlord major problems such as loss of rental income, maintenance and accountability, and worse still is that the landlord's insurance may become null and void because of the subletting.

An estate and lettings agency is warning landlords that they if they are not careful then they could fall prey to this rising practise.

Michael Cook, lettings managing director of the firm, said: “Illegal subletting is very detrimental to the landlord and tenants’ welfare and is a matter that we take very seriously."We take precautionary measures including background checks on all potential tenants and ensure the tenancy agreement is approved by a legal professional.

“On top of this, we carry out inspections on a regular basis to check for signs of subletting, such as extra toothbrushes, suitcases or extra clothing.”

The agency has provided a list of the most common signs that shows tenants may be guilty of subletting, which include:

• Tenants who try to prevent the landlord entering the property with continual excuses
• Neighbours telling the landlord about an increase in people leaving and entering the property
• More wear and tear than normally associated with the number of tenants living in the property
• Extra rubbish
• Extra clothing or bedding such as pillows, duvets, suitcases or extra toothbrushes
• Neighbours complaining about anti social behaviour in and around the property

Cook urges landlords to make sure that at the end of any tenancy they should do it legally before they agree to a new one.

Subletting can only occur with the landlord's consent and that a new clause should be inserted into the tenancy agreement.

The correct procedure for a tenant to be able to sublet is by submitting a formal written request to the landlord informing them of the reasons for the request. If the landlord does not consent to the request then it must be put in writing for safety's sake.

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