is it legal for a tennant to sublet a property?

Answer 1

Only if your lease allows you to do so.

Answer 2

I'm assuming that you're in the UK as this is posted on YA UK&Ireland.

In Scotland, whether or not there is a prohibition on sub-letting depends on the type of property let.

If it is an urban (i.e. non-agricultural) lease which is provided furnished, then there is a presumption that delectus personae is present, and because of this sub-letting or assignation of your rights under the tenancy agreement is not allowed without the permission of your landlord.

Whereas if it is an unfurnished urban lease, then delectus personae is presumed to not be present and therefore subletting and assignation are presumed to be allowed without the permission of the landlord, and indeed can be done even if the landlord objects.

However, both of these points only apply where the contract at hand (the lease) is silent on assignation and subletting. However, commercial reality dictates that all leases contain a prohibition on subletting/assigation without the consent of the landlord.

So, you probably need your landlord's permission to sublet. But check your tenancy. However the clause in the tenancy agreement may say "the consent will not unreasonably be witheld", and if it does and you consider that the landlord has no reasonable grounds for denying the assignation/subletting, then you should consult a solicitor who will advise you as to action to take.

Answer 3

Most residential leases have a clause in them that address this and most say you cannot sublet the property. The legal language will be in your lease agreement. If for some reason it is not, then you legally have to get written permission from your landlord or the property owner. The property is not yours so if you did sublet without permission, it would be like if you were borrowing your parent's or friend's car, then lent it to a friend to drive without letting the owner know. There are big legal ramifications to subletting without a written agreement with the landlord.

Answer 4

If you are one of those people renting without a Rental Lease or Rental Contract someone is getting the screws to them. Without a Rental Lease or Rental Contract you have no business living in any building for the person renting to you could be person who is just using someone else's property.
I know of two houses that were condemned by the city which are deserted and they are dangerous, The buildings are old. Yet once or twice I drove by and saw that someone had removed the condemned sign and moved right in. Seems it is too expensive for the city to tear down the buildings. Must have spent their money at the casino.

Some people will do anything to get a little extra cash, even at the risk of harming others, like, renting run down property to them.

They act like they are twelve year olds, they are as irresponsible as twelve year olds, and don't care about the consequents of their actions because they don't give a Rental Lease or Rental Contract.
If you have no contract with your landlord or landlady the twelve year old, who cares about you attitude is what they share with you and they get real angry when you don't pay them the money.
They don't have any right to the property and in some cases they are so tight with the community the community members don't care either.
Your life is your life and a twelve year old mentality would say, "If you take, you have got to suffer the consequences because we could care less about you!"

So if you rented from one of those kind, I hope you are in good with them when it is time for dinner, because they are just banking on your stupidity.

Answer 5

Many leases forbid you from subletting. To sublet is to allow someone else to occupy your apartment and pay rent while you are bound by the terms of a lease. If you are able to sublet and wish to, you may be responsible if the person you sublet to doesn't pay the rent or damages the property.

Answer 6

In most cases no. Most leases/rental agreements do not allow subletting, but people do it anyway assuming they won't get caught.

Answer 7

If you are renting a flat and want to rent out a room then there are sometimes restrictions on whether you can sub let. Best to check with your landlord I would think. If the house is bought then I would think you can do whatever the hell you like with it!

Answer 8

Yes, unless the lease forbids it, in which that would be a breach of contract, not a crime.

Answer 9

NO WAY SON THAT IS ILLEGAL IF YOU DO THIS YOU'LL FIND YOURSELF HOMELESS AND ITS NO GOOD CRYING SQUATTERS RIGHTS AS YOU WONT HAVE A LEG TO STAND ON !!

Answer 10

Only with permission to do so.