Is My Tenant Subletting My Property Without Permission?

October 14, 2023 - Reading time: 6 minutes

If you are a landlord, then it is obviously important to be aware of who is residing in your property. However, situations may arise where your tenant is subletting the property without your permission, leaving you unaware of the subtenant's identity. This can lead to various problems.

Unauthorised subtenants pose a risk of property damage and can make it difficult for you to access the property for maintenance and repairs. Furthermore, your property could be transformed into an illegal house of multiple occupation (HMO), potentially resulting in legal consequences.

At Private Investigators UK, our team of private detectives specialize in conducting occupancy and residency checks. In this comprehensive guide, we will address the issue of unlawful subletting and explain how hiring a private investigator can be of assistance.

What exactly is subletting?

Subletting occurs when your tenant rents out all or a portion of the property to someone else. This individual is referred to as a subtenant, and the original tenant becomes their landlord.

Subtenants possess exclusive rights to the room(s) they are renting and pay rent to the primary tenant. Typically, a tenancy agreement is signed by the subtenant before moving in.

With property prices and rents at an all time high, subletting a property without permission from the landlord can prove to be very lucrative. In some cases a property will be sublet to tenants on a long term basis, however we have also observed cases where properties were being leased out on a short term basis using rental websites and apps such as 'Airbnb'. Short term rentals can often prove to be even more profitable for the tenant.  

If you suspect that your tenant is subletting without your consent due to indications of additional occupants, it is critical to conduct a thorough occupancy check in order to determine whether this is indeed the case or if the individuals are genuine guests of the property. Our skilled private investigators can assist you in this process.

Is subletting illegal in the UK?

While it is not strictly illegal for a tenant to sublet a privately rented property in the UK, they must obtain permission from the landlord to do so.

Unlawful subletting can create numerous challenges for landlords, including:

1. Failure to verify the subtenant's identity, employment status, or income.

2. Failure to check the subtenant's immigration status in the UK.

3. Inability to assess the subtenant's rental history and determine if they have previously maintained properties in good condition.

4. Lack of contact details for the subtenant, making it difficult to arrange property access for maintenance or inspections.

5. If an unknown subtenant causes damage or engages in illegal activities, it will be challenging to track them down once they vacate the premises.

Most significantly, if multiple subtenants are occupying the property, it could be classified as an illegal HMO. In the UK, an HMO (or 'House of Multiple Occupancy') is defined as a dwelling where at least three tenants form more than one household and share facilities such as toilets, bathrooms, or kitchens. HMOs must be licensed and adhere to strict standards to prevent overcrowding.

If your tenant is subletting to multiple individuals without your knowledge, your property may be operating as an illegal HMO. Consequences of such a situation include the voiding of insurance coverage and potential legal prosecution. The penalty for letting an unlicensed HMO is an unlimited fine, often amounting to tens of thousands of pounds.

Identifying whether your tenant is subletting can present challenges. However, there are some signs that may indicate subletting is occurring:

1. Locks on individual rooms despite only renting to one tenant.

2. Regular presence of individuals other than the tenant entering and leaving the property.

3. Receipt of mail addressed to someone other than the tenant.

In the event that your tenant is subletting without your permission, they may be breaching their tenancy agreement, providing you with legal grounds for eviction. While you cannot directly evict a subtenant without a legal agreement, evicting the primary tenant will result in the subtenant being required to vacate as well.

How to prove that a tenant is subletting?

Proving that a tenant is subletting can be challenging, as they may claim that the subtenant is merely a visitor or non-paying guest. This is where Private Investigators UK can assist. Our team of detectives can help to check and gather evidence that your property is being sublet.

To gather evidence and confirm your suspicions, it is advisable to seek the services of a reputable private detective agency. Our highly skilled agents employ a range of professional covert surveillance techniques to conduct residency checks. In the event that individuals other than your tenant are residing in your property, our experts will obtain concrete evidence that can be utilized in court to take legal action against the tenant.