subtenancy

Subtenancy is an arrangement where a tenant, the head tenant, grants use of all or part of the rented premises to another person, the subtenant, while keeping a direct lease with the landlord. The subtenant pays rent to the head tenant, and the head tenant remains liable to the landlord for the lease. In a subtenancy the head tenant typically remains responsible for the property even if the subtenant defaults.

Landlord consent is commonly required. Leases may prohibit subletting or require written approval, sometimes with protection against unreasonable withholding. A sublease should define term, rent, deposits, use, and termination. The subtenant’s rights come from the sublease, not the original lease.

Practical considerations include screening the subtenant, agreeing on rent and deposits, utilities, and maintenance. The head tenant remains liable to the landlord for rent and for the subtenant’s conduct. If the subtenant fails to pay or breaches rules, the head tenant bears the risk of eviction or lease termination by the landlord.

Ending a subtenancy follows the sublease and the head lease. If the head lease ends, the subtenancy usually ends. If the head tenant breaches, the landlord may terminate the sublease or recover possession. Some jurisdictions allow or restrict enforcement against a subtenant.

Subtenancies occur in residential and commercial settings, such as room sharing or temporary offices. They offer flexibility but require careful drafting to protect all parties.