What is a sub-tenancy?

A sub-tenancy usually arises where the tenant does not wish to occupy the tenancy for the entire term and lets the property to another person.

The tenant in these circumstances is referred to as the head-tenant and the party allowed into occupation is the sub-tenant.  The head-tenant will generally remain legally liable for the payment of the rent to the landlord, whether or not the head-tenant receives this from the sub-tenant.

The tenant can only create a sub-tenancy with the landlord’s written consent, which can be refused for no stated reason.

Where a landlord refuses consent to sub-let a fixed term tenancy, the tenant may terminate the tenancy before the expiry of the fixed term.