Illegal subletting

A sub let is created when an existing tenant lets some or all of the property that they are occupying to another tenant (known as the subtenant). In most cases, the tenant needs their landlord’s permission before subletting the property. However, where permission has not been sought, this may amount to an illegal or unlawful sublet.

If a landlord does not wish for tenants to sublet, this should be made explicitly clear in the tenancy agreement / lease agreement. In the alternative, if there are conditions attached to the sublet, this should be clearly set out in the tenancy agreement. It is essential that a subletting clause is clear and unambiguous.

Common indicators:

1. Lot of people entering and leaving the property.
2. Tenants refusing access to the landlord.
3. The property is in a bad condition.
4. The tenant is proving difficult to contact.
5. Excess rubbish left outside of the property.

We represent landlords and tenants in disputes surrounding the subletting of a property. We can assist in:

1. Investigating the current tenants residing at a property.
2. Drafting formal correspondence to tenants to investigate the occupation of a property.
3. Commencing possession proceedings or forfeiture action.
4. Resisting court action on behalf of a tenant.
5. Liaising with bailiffs to remove a tenant or sub-tenant.