A tenant is offering the flat: how to check subletting consent and the term
If the person offering a flat is a tenant, ask to see the head tenancy before paying or signing. Check any ban or consent condition, obtain the owner's written consent where required, and make sure the proposed subtenancy does not run beyond the head tenancy.
Establish who can offer the space
A sublet arises when the owner, the principal landlord, has let a flat to a principal tenant, who then lets all or part of it to someone else. That third person is the subtenant. Before discussing a deposit, ask for the head tenancy and check the address, the parties, the rent period and the description of the space. Personal details unrelated to those checks can be covered, but the operative clauses and signed pages need to be visible.
The Estate Agents Authority (EAA) tells agents handling sublets to review the head tenancy for restrictions and consent requirements. Its leasing information form should record the original parties, rental period and the area being sublet. Even if you deal directly with the tenant, asking for the same facts lets you check the offer against actual documents instead of relying on listing photos or an oral assurance.
| Document | Question it answers | If it is missing |
|---|---|---|
| Head tenancy | Does this tenant rent this flat; may it be sublet; when does the term end? | Request the relevant full clauses and signed pages |
| Owner's written consent | Where consent is required, does the owner agree to this sublet? | Ask for a written confirmation covering the flat, space and term |
| Proposed subtenancy | Who collects rent; which space; what start and end dates? | Compare every detail with the head tenancy |
Read the restriction and match any written consent
The head tenancy may prohibit subletting, make it conditional on prior consent or limit which parts can be let. The EAA states that where the original tenancy prohibits subletting, the tenant must obtain the landlord's written consent before subletting. A claim that the owner 'knows about it', permission to enter from building management, or evidence of an earlier occupier is not written consent for the arrangement now offered.
Check that the consent comes from the principal landlord, identifies the same flat and proposed space, and meets the head tenancy's conditions. Ask the parties to clarify any mismatch in writing before signing. If required consent is unavailable, hold off on the agreement and deposit. When an agent is involved, ask for the leasing information form and for the advertisement to make clear that the property is a sublet, as the EAA circular requires of agents.
Estate Agents Authority: written consent for a prohibited sublet
Put the proposed dates against the head tenancy
The subtenancy period cannot exceed the original tenancy period. Suppose the head tenancy ends on 2027-06-30. The principal tenant cannot promise occupation until 2027-12-31 merely because they expect a renewal. Read any early termination, breach or renewal clause and ask how it could affect the practical time available. An unsigned or unconfirmed renewal should not be counted as an existing term.
The subtenancy should identify the principal tenant and subtenant, the exact room or whole flat, any shared areas, start and end dates, rent, deposit, key handover and return arrangements. Compare those points side by side with the head tenancy and any consent. If the head term is close to ending, request the effective renewal and any necessary fresh consent first, or choose an offer with a documented term that meets your needs.
- Is the proposed subtenancy end date on or before the head tenancy end date?
- If the head tenancy can end early, what notice and deposit return arrangements does the subtenancy set out?
- Is the offer for the whole flat or a named room, and are shared areas clear?