What is a Sublease?

Sub-letting is when a tenant transfers part (but not all) of their interest under a tenancy agreement to another person but the original tenancy agreement with the landlord continues. The first tenant is called the head-tenant and the second tenant is called the sub-tenant. The agreement between them is called a sub-lease.

If you want to sub-let a rental property, you must first get the landlord’s written consent. If you are thinking of becoming a sub-tenant, you should ask to see written consent from the landlord to the head-tenant. A sub-lease may be for part or the whole of the premises. The period of the sub-tenant’s agreement with the head-tenant cannot be longer than the head-tenant’s lease with their landlord.

The head-tenant is considered to have made another tenancy agreement with the sub-tenant, while still keeping their original agreement with the landlord. The relationship between the head-tenant and the sub-tenant is the same as that between a landlord and tenant, and all the same rights and responsibilities apply. For example, the sub-tenant would tell the head-tenant of any repairs needed to the property, and could make a compensation claim against the head-tenant if those repairs weren’t made and the sub-tenant suffered a financial loss as a result.