Understanding Underletting: Rights and Responsibilities of Tenants and Subtenants

Underletting, also known as subletting, is when a tenant rents out their own rental property to another person or entity. This means that the original tenant is acting as a landlord to the new tenant, while still being responsible for the original lease agreement with the property owner.

For example, if John rents an apartment and then sublets it to Jane, John is the head tenant and Jane is the subtenant. John is still responsible for paying rent to the property owner, but he is also responsible for ensuring that Jane complies with the terms of the lease and pays her portion of the rent on time.

Underletting can be a common practice in situations where a tenant needs to move out of their rental property temporarily, such as for work or education purposes, but still wants to maintain their original lease agreement. However, it's important to note that underletting may not be allowed by the property owner, and any subtenant must be approved by the landlord before moving in. Additionally, the original tenant remains responsible for any damages or unpaid rent caused by the subtenant.