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When everyone has a home

Housing advice for Northern Ireland

Subletting

CORONAVIRUS UPDATE

Landlords who are worried about the impact of coronavirus on their tenancies should read our Frequently Asked Questions and contact Landlord Advice on 028 9024 5640 for help with further queries. Book now to attend a free Landlord Advice webinar setting out the impact of coronavirus on your rights and responsibilities and including a question and answer session, 

Advice for landlords in Northern Ireland

This page is for landlords operating in Northern Ireland.  You can find advice for tenants elsewhere on our website. Private landlords in Northern Ireland can call Landlord Advice on 028 9024 5640 and choose option 5. 

Subletting occurs where your tenant lets part of the property to another person. Many tenancy agreements forbid this practice without the prior consent of the landlord.

Dealing with subletting

Your tenant is entitled to peaceful occupation of the property while living in the property. This means the tenants can invite guests to stay or have someone move in with them without your consent. If, however, there is a term in your tenancy agreement which forbids subletting, the tenants cannot receive any rental income from people living with them.

Subletting a room can help a tenant to afford a property, particularly if the tenant has been affected by a reduction in the amount of benefits s/he receives.  You should not unreasonably refuse consent if the tenant wishes to sublet a room.  Refusing your consent may mean you lose a reliable tenant.

You can only stop your tenant from subletting if there is a clause preventing this in the tenancy agreement. If your tenant is lawfully subletting, the other person in the property is not a full tenant but will be protected by the rights of the actual tenant while the actual tenant remains in the property. This means you cannot force the person sub letting to leave, while they have the tenant's consent to remain. They can only be evicted through legal action.

Your tenancy agreement shouldn't forbid your tenant from having overnight guests. This is likely to be viewed as an unfair term and will, therefore, be unenforceable.

Overcrowding in Houses of Multiple Occupation

If your property is a HMO, subletting could present a serious problem for you. There are very strict rules which govern how many people can legally live in a HMO. The number of residents in a property is restricted by the size of the rooms in the proeprty.

If your HMO is overcrowded, the Housing Executive may take legal action against you and you may have to pay a substantial fine. You should take any reports of overcrowding seriously and investigate these. Talk to your tenants if you suspect that they are subletting rooms in the property and make sure they understand the impact of their actions.

Need help solving a problem?

You should always get advice if you are having problems with a tenancy. You can contact Landlord Advice for advice on your rights. Housing Rights can also provide a mediation service if you and your tenant are having problems and need an independent person to help resolve these.