Is My Tenant Subletting My Property Without Permission?

October 14, 2023 - Reading time: 12 minutes
Updated on: September 4, 2025

If you’re a landlord, knowing who lives in your property is more than just a formality - it’s a necessity. But what happens if your tenant is subletting the property without telling you? Whether it’s long term lodgers or short term guests via platforms like Airbnb, unauthorised subletting can create serious issues.

From unexpected wear and tear to potential legal consequences, subletting without consent can turn your investment into a liability. At Private Investigators UK, we’re often called upon to discreetly confirm whether subletting is taking place - and if so, to provide the proof landlords need to act confidently.

What Exactly Is Subletting?

Subletting is when your tenant rents out all or part of your property to someone else. The original tenant effectively becomes a landlord to the subtenant. In some cases, this might involve a formal agreement between them - in others, the arrangement is informal and unregulated.

Subtenants usually have exclusive rights to the room or rooms they occupy, and they pay rent to the original tenant - not you. With today’s rental prices, this can be a tempting way for tenants to make extra income. Some sublet long term, while others take advantage of short term letting apps.

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Is Subletting Without Permission Illegal in the UK?

Subletting in itself is not illegal - but doing it without your permission often breaches the tenancy agreement. Most contracts clearly state whether subletting is allowed, and under what conditions.

If a tenant breaks this agreement, you may have grounds to begin eviction proceedings. Before taking action, it is crucial to gather reliable evidence.

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Why Unauthorised Subletting Is a Problem

Subletting without your knowledge can lead to a number of issues, including:

• Subtenants with no verified background or credit checks
• Uncertainty around who is living in the property
• Increased wear and tear, property damage, or illegal activity
• Potential violation of HMO rules
• Voided landlord insurance due to unapproved occupancy

One of the most serious risks is unknowingly running an illegal HMO. A property may be an HMO when it is occupied by at least three unrelated people who share facilities. If unlicensed, fines can be severe.

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Common Signs Your Tenant May Be Subletting

While it is not always easy to prove subletting, these red flags should raise your suspicion:

• Multiple people seen entering and exiting the property regularly
• Mail or parcels addressed to unknown names
• Locks on internal bedroom doors or key safes installed without consent
• Tenants evasive about who else is living there
• Listings for your property appearing on short let sites

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How Can a Private Investigator Help?

Many landlords come to us when they suspect subletting but do not have clear proof. Confronting a tenant without evidence often results in denial or retaliation.

Our investigators can carry out discreet residency checks and surveillance to confirm exactly who is living at your property, and when. If subletting is happening, we gather evidence such as photographs, movement logs, and witness reports - all designed to be used in court if needed.

In cases where tenants attempt to disappear or conceal subtenants, we also provide a specialist people tracing service to identify and locate individuals linked to your address.

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Can I Evict a Subtenant?

You cannot evict a subtenant directly unless you have a legal relationship with them - but you can evict your original tenant for breach of contract. Once they leave, the subtenant has no right to remain unless they enter a new agreement with you.

If damage has occurred, or if the situation has put your insurance at risk, legal action may be necessary. Evidence gathered by licensed investigators strengthens your position. When proceedings are required, we can assist with process serving so documents are delivered correctly.

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Glossary

• Subletting - A tenant rents out part or all of the property to someone else.
• Subtenant - The person renting from your tenant rather than from you.
• HMO - House in Multiple Occupation. Certain shared homes must be licensed.
• Residency check - An investigation to confirm who actually lives at an address.
• Process serving - Formal delivery of legal documents with proof of service.

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Need Help? Get in Touch

If you are worried that your tenant might be subletting behind your back, do not let the situation escalate. Contact us for a free, no pressure quote. Include the property postcode and a short description. We will assess your concerns, offer clear guidance, and if needed, deploy a specialist to discreetly investigate.

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