Subletting without consent is a tenancy breach and, for social tenants, a criminal offence. Here is what counts, what the risks are, and how to do it lawfully.
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Subletting your rented home without your landlord's written permission is a breach of tenancy in nearly every tenancy agreement in England and Wales. For secure council tenants, subletting the whole home is also a criminal offence under the Prevention of Social Housing Fraud Act 2013, with fines up to £50,000 or up to 2 years in prison. Always get written permission first.
What counts as subletting
You are subletting if you let someone else live in part or all of your home and they pay you rent or another payment. This includes:
- A whole-home Airbnb let while you are away.
- Letting a spare room to someone outside your household.
- A second tenant living in a self-contained part of the home.
- A friend "renting" your sofa long term.
It does NOT count as subletting if you take in a lodger who shares space with you, in most tenancy agreements. See taking in a lodger, the rules.
The difference between subletting and lodging
| Type | Definition | Usually allowed? |
|---|---|---|
| Sublet | Letting part or all to someone who has exclusive use of their space | Only with the landlord's written permission |
| Lodger | Someone who shares living space with you and you can come and go from their room | Usually allowed for private tenants; council tenants need permission |
| Airbnb (whole home) | Letting your whole home short-term | Usually subletting, needs permission |
| Airbnb (room) | Letting a room while you live there | Usually counts as lodging |
Risks if you sublet without permission
Council and housing-association tenants
- Loss of your tenancy. The landlord can apply to court for possession on the grounds of breach. Subletting the whole home is a mandatory ground for secure tenants.
- Loss of your status. A secure or assured tenancy can convert to a less secure one, or be terminated.
- Criminal prosecution. Subletting the whole home is an offence under the Prevention of Social Housing Fraud Act 2013, with fines up to £50,000 or up to 2 years in prison. The council can also order you to repay any profit.
- No succession rights. Your family can lose succession rights.
Private tenants
- Possession order under Section 8 grounds 12 (breach of tenancy) and 14 (sometimes).
- Damages claim from the landlord for breach of contract.
- Loss of deposit at the end.
Subtenant problems
Your subtenant has limited rights and may end up homeless when the situation is discovered, especially if they did not know.
How to do it lawfully
- Check your tenancy agreement. Look for a clause about subletting or assigning. Most say you need written consent.
- Write to the landlord asking for permission. Set out who you want to sublet to, for how long, and why.
- Wait for written agreement. The landlord cannot unreasonably refuse in some tenancies (Landlord and Tenant Act 1988), but they can attach conditions.
- If allowed, draw up a written sublet agreement with your subtenant.
Special situations
Going abroad for work or family
If you are leaving for a fixed period (3 months to 2 years), council tenants sometimes get a temporary subletting permission from the council. Ask in writing well in advance. Some councils run formal schemes.
Airbnb
In London, "short term lets" are limited to 90 nights a year under the Greater London Regulations. Outside that, planning permission may be needed. Either way, it almost always needs your landlord's permission.
Money trouble
If you are subletting because you cannot afford the rent, there are better routes:
- Discretionary Housing Payment from the council. See DHP explained.
- Universal Credit Alternative Payment Arrangement to get rent paid direct to the landlord. See Universal Credit housing element direct to landlord.
- Mutual exchange to a cheaper home. See mutual exchange.
What to do if you have already sublet
If you sublet without permission and you are still in the home, you can sometimes:
- Stop the subletting and disclose voluntarily, asking the landlord to overlook.
- Apply for retrospective permission, especially if the situation was understandable.
- Get focused advice fast from Shelter 0808 800 4444 or a Law Centre.
If court proceedings have already started, do not miss the hearing. The judge has discretion in some cases.
How we can help
If the home you sublet was in serious disrepair the landlord did not fix, you may still have a disrepair claim alongside any subletting issue. Call us free on 0800 030 4669.
Free call: 0800 030 4669 | Start your claim
Sources
- Prevention of Social Housing Fraud Act 2013 (legislation.gov.uk)
- Landlord and Tenant Act 1988 (consent to assign or sublet) (legislation.gov.uk)
We review every guide at least twice a year and update it when the law changes. If you spot something out of date or wrong, email help@supportfortenants.co.uk.
Reviewed against current housing law for England and Wales as at 28 May 2026. Checked by our SRA-regulated panel solicitors. This is general information, not legal advice for your specific case. Any compensation figures or ranges shown are illustrative only and not guaranteed; every case is different.
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