When leasing a property, one common breach of contract that landlords worry about is tenants acting as “sub-landlords” — subletting or assigning the entire unit or part of it to third parties without permission. If a landlord discovers such unauthorised subletting, how should they respond?
Preventive safeguards and evidence-gathering
First, landlords should enter into a formal tenancy agreement with the tenant and complete stamping (i.e., pay stamp duty). They must also carefully review the agreement’s terms to ensure it explicitly prohibits the tenant from subletting or assigning all or part of the premises to others without the landlord’s prior written consent.
Note that an unstamped tenancy agreement generally cannot be admitted as evidence in court or at the Lands Tribunal. Therefore, if the agreement has not yet been stamped, the landlord must first pay the outstanding stamp duty and any applicable penalties before proceeding with legal action.
However, before taking any action, landlords should not terminate the tenancy solely on suspicion. Instead, they should gather concrete evidence — for example, screenshots of online listings or social media posts advertising the unit for rent, records from the building management office, or statements from neighbours — to help verify whether unauthorised subletting is occurring.
If sufficient evidence is obtained, the landlord may issue a formal written notice — for instance, via registered post — requiring the tenant to cease the unauthorised subletting within a specified timeframe, or to vacate the premises in accordance with the tenancy agreement. The notice may also state that failure to comply by the deadline may prompt the landlord to pursue legal proceedings to recover possession.
Should the tenant refuse to leave or ignore the notice, the landlord must not take self-help measures — such as changing locks, cutting off utilities, or removing the tenant’s belongings — as these could trigger additional legal liabilities. Generally, landlords must follow formal legal procedures to regain possession. This process typically involves three key steps.
Steps for a landlord to apply for possession
Step one: Apply to the Lands Tribunal by submitting a completed “Notice of Application”, a “Notice to Actual Occupier or Resident” (Form 22), certified copies of the stamped tenancy agreement, and the relevant application fee. The applicant must then serve a copy of the application on the tenant and affix it to the unit’s entrance door, in compliance with statutory requirements.
Step two: Apply for a judgment order. If the tenant does not file an objection within seven days of receiving the notice, the landlord usually receives the judgment order within two to three days. If the tenant objects, a hearing must be scheduled, extending the process to at least half a month or longer.
Step three: Apply for a warrant of possession. Once the judgment is granted, the landlord may apply for the warrant, which authorises a bailiff to enforce the court’s order and recover the unit. However, the actual eviction date depends on the bailiff’s availability and scheduling in that district.
Also note: Even if the tenancy agreement expressly forbids subletting, landlords must still confirm whether the tenant’s conduct genuinely breaches the agreement — and whether the available evidence sufficiently supports a possession application. As terms, breach scenarios and evidentiary strength vary across agreements, approaches may differ accordingly.
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