We get asked this question a lot. The simple answer is YES, a tenant can sublet a property.
Requesting subletting approval
A tenant can sublet a room in your property, but must first obtain written consent. If they don’t, they may be breaching the terms of the lease.
If they do request approval for a sub-tenant, the law says you – as the landlord – cannot unreasonably withhold consent, so if you want to refuse, you must have good reason.
Landlords do have the right to request an application from any prospective sub-tenant and check references, as any person intending to reside in your property must be able to establish affordability and have satisfactory references.
The final say
As the landlord, you are entitled to the final say, however, you are required to be fair and reasonable, so be prepared for a potential challenge if you have declined a sub-tenant application.
If your tenant does ask for approval to sublet, consider this a positive; they want to be upfront and open with you rather than let someone else move in without your knowledge.
Communication is key and something we strongly encourage as it helps achieve an acceptable outcome for all parties.
If you still have questions about subletting or would like further clarification, feel free to give us a call on 8297 9323 or 8376 1199.