What to do when…your tenant wants someone else to move into the property

If your tenant wants another person to move in to the rental property with them, there are sub-letting rules that must be followed.

Sub-letting occurs when a tenant establishes themselves as the head tenant and gives another person the right to live in part of the rental property.

A tenant cannot sub-let without written permission from the property owner/manager, who has the right to know and approve of all people living in their rental property. The person wanting to move into the property is to complete an Application Form, as per the original tenant, and all standard application checks are completed. If the property owner/manager refuses permission, they must have a good reason. Although they do not have to give the tenant a reason for the refusal, however the tenant may be more likely to dispute the decision if a reason is not provided.

A tenant who sub-lets a property becomes a head tenant. This makes them completely responsible for the new sub-letting tenant. The head tenant is responsible for collection and payment of rent, making sure the property is well maintained and is also responsible for the end of lease damage, rent, water etc. The head tenant is responsible and the person of contact for all other tenants.

It is also the head tenant’s responsibility to collect a bond from the new sub-letting tenant, the head tenant is the bond holder through the agency. The sub-letting tenant would also be added to the General Tenancy Agreement as an approved occupant

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