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Is your tenant is illegally subletting your property?

Is your tenant is illegally subletting your property?
Is your tenant is illegally subletting your property?

WHAT TO DO NEXT

Unless you have stated in your tenancy agreement that your tenant may sublet all or part of the property, subletting without your permission is against the law.

There are many reasons why a landlord may not want their tenants to sublet. When a tenant sublets the landlord loses control over who is using their property, putting it more at risk of damage.

Illegal subletting can also cause overcrowding, resulting in complaints from neighbours and sometimes even anti-social behaviour or illegal activity.

Discovering that your tenant is subletting your property without your permission can be a pain, but there are laws in place to protect you.

Leasing all or part of the property without your consent is an illegal breach of contract. When a tenant breaches their contract, you are entitled to take legal action, which may include evicting them from your property.

What to do if you suspect your tenant is subletting

  • Confirm your suspicions

Before taking any action, confirm that the people living in your property are in fact renting it and aren’t house-sitting or friend or relatives staying at the property.

  • Contact your tenant

Once you are confident that the property is being sublet, contact your original tenant to discuss the situation and notify them of their breach of contract. Getting in contact may be more difficult if it is the whole of the property that is being sublet and your original tenant is no longer at the address. In this instance, the new tenant should be able to provide you with some contact details.

  • Notify your tenant in writing of their breach of contract

Issue your tenant with a letter notifying them that they have breached their contract and giving them a set period of time to rectify the period. The letter should also state what action you will take if the problem is not fixed within this timeframe.

  • If the tenant does not cooperate, seek expert help

If your tenant has breached their contract, then you may be able to start legal action to evict them and any other tenants they’ve sublet to from your property. Following the correct legal process is essential when evicting tenants so it’s a good idea to seek professional help before acting.

Speak to our team of experts about evicting tenants from your property by calling us for free advice.

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