If you’re renting property in Guildford, it might be tempting to increase your income by subletting your spare room. Before you do this, however, it’s important to remember that you must get permission from your landlord, and understand why they might refuse. 

Let’s take a closer look. 

What is subletting?

Subletting is when a tenant lets all or part of the property to someone else. This can take the form of a friend moving in mid-contract and contributing to the rent, or letting a room through Airbnb. You might sublet the whole property if you are tied into a contract but you need to move to a different area for work. 

Remember, it only counts as subletting if you are charging rent, no matter how long the situation goes on for. This means it’s a good idea to tell your landlord if someone else stays with you for a long period, as you don’t want to be accused of illegal subletting. 

Is subletting legal in the UK?

Yes and no. It is only legal if you sublet with the head landlord’s permission. If you sublet without permission, you could face eviction. In certain circumstances, such as actively committing fraud or subletting a council or housing association property, you could face a hefty fine or even imprisonment. 

Your tenancy agreement will let you know whether or not you are allowed to sublet. Even if you are allowed, you must still get permission from your landlord. 

What are the problems with subletting?

The main problem with subletting is that you are giving responsibility for your rental property to someone who has not had background checks and who has no legal obligation to look after it. Other situations emerge out of this central problem, and these can be why landlords refuse your request to sublet.

For example, subletting can go against the terms of the head landlord’s buy-to-let mortgage. The lender granted the mortgage on the understanding that rent would be paid regularly by a tenant with a known financial background. 

Subletting can also void the head landlord’s property insurance. The terms of the insurance demand that there is a formal agreement between landlord and tenant to ensure the property is looked after. Subletting would undermine that. 

Depending on the formality of your agreement, if you need to evict your subtenant, you might not have the protection of signed contracts and legal processes. This could mean you struggle to get rid of them yourself, although your landlord can take out a court order to evict them. 

Subletting rooms separately can also make the property into a house of multiple occupation (HMO) which requires a license it may not have. 

Renting property in Guildford – questions about subletting