A friend staying for a few nights, a paying lodger and a subtenant are not automatically the same arrangement. The details matter: who lives in the home, which rooms they can use, whether they pay, and whether the tenant keeps living there. Before anyone moves in, check the agreement and get advice if the arrangement is unclear.
For tenants: check before advertising or taking money
Start with your tenancy agreement. It may prohibit subletting, allow it only with permission, or set out conditions. The government’s private renting guidance says tenants should only sublet if their agreement or landlord allows it: https://www.gov.uk/private-renting/your-rights-and-responsibilities. Do not assume that calling someone a guest or lodger changes the legal position. If another person will have their own space or possession of part or all of the home, ask the landlord in writing before making promises.
Describe the proposed arrangement clearly: who would live there, which rooms they would use, the proposed dates, any payment, and whether you would continue living at the property. Keep the request and the response. Check any superior lease, mortgage conditions, insurance terms and local requirements that may also apply. Permission under one document does not necessarily satisfy every other obligation.
Section 15 of the Housing Act 1988 includes an implied restriction on subletting or parting with possession of all or part of a home without the landlord’s consent for assured periodic tenancies, subject to the section’s exceptions and the terms that apply: https://www.legislation.gov.uk/ukpga/1988/50/section/15. The rules depend on the tenancy type and facts, so check the current agreement and take specialist advice where needed.
If permission is granted, agree the limits in writing. The original tenant usually remains responsible to their landlord for the tenancy obligations, including rent and the condition of the property. Taking in another occupier may also affect insurance, bills, safety duties or the landlord’s right-to-rent responsibilities. Check these issues before the move-in date.
For landlords: respond consistently and keep a record
If you receive a request, review the agreement, the proposed occupants and any relevant lease, insurance or lender conditions. Record your decision and any conditions in writing. If you suspect an unauthorised sublet, check the documents and gather objective information; then raise the concern with the tenant and give them a chance to explain. Avoid relying on assumptions based only on visitors or online adverts.
Do not change locks, remove belongings or try to force an occupier out. If the issue is not resolved, use the correct legal process and obtain housing-law advice before taking action. The occupier’s rights and the route available can depend on the facts, the tenancy and current law.
A careful written check before anyone moves in can prevent disputes later. This article is general information for England, not legal advice; Scotland, Wales and Northern Ireland have different housing rules.