Subletting and assignment

It is important to understand the difference between subletting and assignment before entering into a tenancy. Both require your landlord’s permission and are not allowed in Approved Housing Body, student specific accommodation (SSA) and cost rental tenancies.

What is subletting?

Subletting happens when a tenant rents out the property to another person (sub-tenant) while still being responsible to the landlord. This usually happens when a tenant wants to leave before the lease ends.

The original tenant (head-tenant) remains legally responsible for the tenancy.

The sub-tenant has no relationship with the landlord but enters into a separate agreement with the head-tenant, who becomes the landlord of the sub-tenancy.

Having a flatmate or housemate living at the property with you is not seen as subletting. This is because a flatmate shares the property and facilities with the tenant.

Getting permission to sublet

You must have the landlord’s permission to sublet the property to someone else. If the landlord refuses the request, the tenant can end the tenancy by serving a Notice of Termination.

What is assignment?

Assignment is when a tenant finds someone to replace them in the tenancy and transfers their entire tenancy to another person.

The other person then becomes the new tenant and deals directly with the landlord. The original tenant no longer has any rights or responsibilities in relation to the tenancy.

Getting consent for an assignment

The landlord’s agreement is required for assignment. If refused, the tenant can serve a Notice of Termination.

Assignment conditions

If a Part 4 tenancy is assigned to someone other than a sub-tenant, the new assignee must live in the property for 6 months before gaining Part 4 tenancy rights. If assigned to an existing sub-tenant, the Part 4 tenancy continues for the remaining period of the original Part 4 tenancy.