Check your rights if you’re a subtenant

You’re a subtenant if you rent your home from a tenant.

You pay rent to the tenant - they’re your landlord. They pay rent to their landlord, who’s called the ‘head landlord’.

If your landlord lives in the same building

You’re likely to be a lodger - check what rights you have as a lodger.

As a subtenant, you almost certainly have an ‘assured shorthold tenancy’. You might have a different type of tenancy if it started before 27 February 1997 - check your tenancy type.

Your rights as a subtenant depend on whether your subtenancy is ‘lawful’ or ‘unlawful’.

Check if your subtenancy is lawful

Your subtenancy is lawful if your landlord was allowed to have a subtenant. If they weren’t allowed to have a subtenant, your subtenancy is unlawful.

It’s rare to have a lawful subtenancy. It might happen if the head landlord is a private landlord and either:

• they gave permission to your landlord

• their agreement with your landlord didn’t mention subtenancies

If the subtenancy is unlawful, you still have rights. The main difference is that if your landlord’s tenancy ends, the head landlord will usually be able to evict you.

Getting repairs done

Your landlord is responsible for:

• most major repairs in your home

• making sure your home is safe to live in

If your subtenancy is unlawful, your landlord is still responsible for these repairs. It might be difficult for them to do the repairs without telling the head landlord. This means there’s a risk that you’ll be evicted if you ask for repairs.

Check what repairs your landlord has to make.

If you want to leave

What you need to do depends on whether you have a fixed-term or periodic tenancy.

You can find out more about ending your tenancy.

If your landlord tries to evict you

You have the right to stay in your home until your landlord gets a court order to evict you.

Your landlord has to start by sending you either a ‘section 21’ or a ‘section 8’ eviction notice. The legal process depends on the type of notice they send you.

You can check what to do if your landlord gives you a section 21 notice.

You can check what to do if your landlord gives you a section 8 notice.

If your landlord tries to force you to leave without getting a court order, this is an illegal eviction - even if your subtenancy is unlawful. If your landlord is trying to illegally evict you, talk to an adviser.

If your landlord's tenancy ends

Your landlord’s tenancy will end if either:

• the head landlord evicts them

• your landlord gives notice to the head landlord to end the tenancy

You won’t be responsible for any money your landlord owes, for example if they owe the head landlord rent.

If your subtenancy is lawful, you have the right to stay in your home when your landlord’s tenancy ends. You automatically become the direct tenant of the head landlord. You’ll have the same terms as your existing tenancy.

If your tenancy is unlawful, the head landlord can evict you when your landlord’s tenancy ends. The head landlord won’t need a court order. It’s worth asking the head landlord if they’ll let you stay in the property.

If your landlord and the head landlord both agree to end the tenancy

In some rare situations, your landlord and the head landlord might both agree to end your landlord’s tenancy. This is called ‘surrender’.

If your landlord surrenders their tenancy, you automatically become the direct tenant of the head landlord. You’ll have the same terms as your existing agreement. It doesn’t matter if your original tenancy was lawful or unlawful.

If the head landlord lets you stay in your home

The head landlord might agree to give you a new tenancy. They will become your direct landlord.

You might also be able to show that the head landlord has accepted you have a right to live in the property because they've accepted rent directly from you. 

You can also show the head landlord accepted your right to live in the property if they knew about the unlawful subletting but they didn't do anything about it. For example, if they continued to accept rent from you. However, it might not always be easy to show that a landlord knew about the subletting.

If the head landlord is a council or housing association, they might let you stay in your home for a short time so you can find somewhere else to live. This isn’t a tenancy - they can evict you without a court order. You might have to pay them a ‘use and occupation charge’ - this is usually similar to the rent you used to pay.

Getting compensation from your landlord

If you’ve had to leave your home because your landlord’s tenancy ended, you might be able to take them to court to get compensation. You can apply to court even if your tenancy was unlawful.

You might be able to get compensation to cover the costs of having to leave your home. For example, you might have spent money to:

• stay in a hotel room while you find somewhere to live

• put your possessions into storage

Check how to go to court to get compensation.