Best way to go about taking on a subletting agreement | The Tenants' Voice
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Best way to go about taking on a subletting agreement

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1570 views 3 replies latest reply: 14 January 2015


I have viewed a 2 bed property recently and decided to go ahead with the flatshare. The current flatmate says that he is the sole tenant on the landlord agreement and that he will be subletting to me, AND that the Landlord has allowed him to do that. Verbally confirmation only. I’m waiting to receive the subletting agreement, in the meantime, could I have some advise on the best way to protect myself and my rights as a subtenant

1. Should I insist to speak to the Landlord, just to prove the fact he is aware? Or is it enough to get the fact his landlord said it’s ok in writing or an email from the head tenant?
2. He requires a deposit, should I insist this be put into a deposit protection scheme or is it safe to pay him directly into his bank account?
3. How best should I pay the rent? Set up regular payments into his bank account, pay the landlord instead?
4. How much protection under the law will I have to get my deposit back, if the Landlord evicts us or the tenant moves out?

Many Thanks

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Hi Ray

Some landlords do allow subletting but, as far as we’re aware, you have few rights if the landlord isn’t aware that there is subletting going on. So, getting proof of the landlord’s approval is pretty key, whether that’s an email or speaking to them. If you pay your rent directly to the ‘head landlord’ i.e. the main landlord and they accept it then that also backs up your right to be in the property as it indicates they accept your right to occupy the property.

There’s some info here from Shelter on subletting – when you’re reading it remember that your ‘landlord’ is the tenant you’re subletting from and the ‘head landlord’ is their landlord.

What is difficult is working out whether your deposit should be protected – there seems to be a lot of confusion around this so you might be best speaking directly to the TDS – contact details here. If it does need to be protected then you’ll have all the usual safe guards, if not then it might possibly be a case of making a small claims court claim to get it back (perhaps ask Shelter about this).

Hope that helps.



Hi Alex
I went back, asking if I could see the original lease agreement, as it mentioned I would also be agreeing to uphold the terms mentioned in there too, but it wasn’t provided. I was also hoping to see some metion of subtenancy in there too, however they haven’t addressed it in their reply and were considering other offers
Meanwhile, I contacted TDS however they only provide deposit services where the deposit being paid owns the property. They suggested to try “DPS” or “MyScheme” instead. Before I could progress any further, they had chose someone else for the place. Perhaps my questions had put them off and dodged a bullet, I guess I’ll never know :p but happier to find a flatshare where the landlord is involved with better rights
Thanks for help, the advise was certainly very useful!Ray


Hi Ray

I think you’re probably right – better to have things on a more formal basis and not worry about it.  You’re welcome, glad we could help!


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