Landlord Consent to Sublease (England & Wales)
Housing Act 1988 s.15 — England and Wales
LANDLORD’S CONSENT TO SUBLEASE
Housing Act 1988, section 15 — England and Wales
Dated: [Consent Date]
IMPORTANT LEGAL NOTE
Under section 15 of the Housing Act 1988, every Assured Shorthold Tenancy contains an implied term that the tenant shall not assign the tenancy or sublet or part with possession of the whole or any part of the dwelling-house without the consent of the landlord. Subletting without the landlord’s written consent is a breach of the head tenancy and may entitle the landlord to seek possession of the property. This document constitutes the landlord’s written consent to the proposed subletting arrangement described below, granted subject to the conditions (if any) set out herein.
1. LANDLORD
1.1 This consent is given by [Landlord Name], of [Landlord Address], [Landlord City], [Landlord Postcode] (the “Landlord”). Email: [Landlord Email] | Telephone: [Landlord Phone].
1.2 The Landlord is the freehold owner or superior leaseholder of the Property (as defined below) and the party to the Head Tenancy (as defined below).
2. TENANT
2.1 The Tenant is [Tenant Name], of [Tenant Address], [Tenant City], [Tenant Postcode] (the “Tenant”). Email: [Tenant Email] | Telephone: [Tenant Phone].
2.2 The Tenant holds the Property under the Head Tenancy (as defined below) and has requested the Landlord’s consent to sublet [Sublet Portion] of the Property to the proposed Subtenant named below.
3. THE PROPERTY
3.1 The property the subject of this consent is [Property Address], [Property City], [Property County], [Property Postcode] (the “Property”).
3.2 The Tenant seeks consent to sublet [Sublet Portion] of the Property. For the avoidance of doubt, the sublet portion of the Property is described as: [Sublet Portion Description].
4. HEAD TENANCY
4.1 The Tenant holds the Property pursuant to a tenancy agreement (the “Head Tenancy”) that commenced on [Head Tenancy Start Date] and expires on [Head Tenancy End Date], at a current monthly rent of £[Head Tenancy Rent].
4.2 This consent does not vary or amend any term of the Head Tenancy, and the Tenant remains solely responsible for the payment of rent and for compliance with all obligations under the Head Tenancy, irrespective of the subletting arrangement.
5. PROPOSED SUBTENANT
5.1 The proposed subtenant is [Subtenant Name] (the “Subtenant”). Telephone: [Subtenant Phone]. Email: [Subtenant Email].
5.2 The Landlord has considered the identity of the proposed Subtenant in granting this consent. This consent is personal to [Subtenant Name] and does not extend to any other proposed subtenant. Any change in the identity of the subtenant will require the Landlord’s further written consent.
6. PROPOSED SUBLEASE PERIOD AND RENT
6.1 The Landlord consents to the subletting of the Property for the period commencing on [Sublease Start Date] and ending on [Sublease End Date] (the “Consented Sublease Period”).
6.2 The Landlord acknowledges that the Tenant proposes to charge a monthly rent of £[Sublease Rent] under the sublease.
6.3 The Consented Sublease Period must not extend beyond the expiry date of the Head Tenancy ([Head Tenancy End Date]). Any sublease that purports to extend beyond the Consented Sublease Period or the expiry of the Head Tenancy will be outside the scope of this consent.
7. GRANT OF CONSENT
7.1 Subject to the conditions set out in this document (if any), the Landlord hereby consents to the Tenant subletting [Sublet Portion] of the Property to [Subtenant Name] for the Consented Sublease Period, in accordance with section 15 of the Housing Act 1988.
7.2 This consent is a one-time consent to the specific subletting arrangement described in this document. It does not constitute a general consent to further or future subletting arrangements and does not vary or waive the implied covenant against subletting under section 15 of the Housing Act 1988 in respect of any other proposed subletting.
7.3 The Landlord’s consent to subletting does not create any direct legal relationship between the Landlord and the Subtenant and does not make the Subtenant a direct tenant of the Landlord. The Tenant remains the sole tenant of the Landlord under the Head Tenancy.
8. TENANT’S CONTINUING OBLIGATIONS
8.1 Notwithstanding the subletting arrangement authorised by this consent, the Tenant shall:
- remain solely responsible for the payment of rent and all other obligations under the Head Tenancy;
- ensure that the Subtenant complies with all terms and conditions of the Head Tenancy to the extent applicable to the Subtenant’s occupation;
- not grant the Subtenant any rights greater than those held by the Tenant under the Head Tenancy;
- notify the Landlord promptly of any breach by the Subtenant of any term of the sublease or the Head Tenancy;
- ensure that the sublease terminates on or before the expiry of the Consented Sublease Period and on or before the expiry of the Head Tenancy;
- not permit the Subtenant to further sublet the Property or any part of it without the prior written consent of the Landlord.
9. GOVERNING LAW AND JURISDICTION
9.1 This Landlord’s Consent to Sublease shall be governed by and construed in accordance with the laws of England and Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales in respect of any dispute arising out of or in connection with this document.
9.2 Nothing in this consent limits the statutory rights of the Tenant or the Subtenant under the Housing Act 1988, the Housing Act 2004, or any other applicable statute or regulation.
SIGNED AS CONSENT
LANDLORD
Name: [Landlord Name]
Address: [Landlord Address], [Landlord City], [Landlord Postcode]
TENANT (acknowledged receipt)
Name: [Tenant Name]
Address: [Tenant Address], [Tenant City], [Tenant Postcode]
Landlord
________________
Signature
Date: ________________
Tenant (acknowledgement)
________________
Signature
Date: ________________
What Is a Landlord Consent to Sublease (England & Wales)?
A Landlord Consent to Sublease in the United Kingdom varies, extends, or brings to an end an existing tenancy and records the terms on which the parties agree to do so, and is shaped by the Landlord and Tenant Act 1985.
The legal basis for the consent requirement is firmly established in English statute and common law. Section 15(1) of the Housing Act 1988 provides that it is an implied term of every Assured Shorthold Tenancy that the tenant shall not assign the tenancy or sublet or part with possession of the whole or any part of the dwelling-house without the consent of the landlord. This implied term applies to every AST, regardless of whether the tenancy agreement contains an express prohibition on subletting. In practice, the vast majority of AST agreements do contain an express covenant against subletting without prior written landlord consent, reinforcing the statutory position and making the written consent requirement beyond any doubt.
The purpose of the consent requirement is to protect the legitimate interests of landlords in controlling who occupies their properties. Landlords have legal and financial interests in confirming that their properties are occupied by appropriate tenants: their mortgage terms may prohibit subletting, their buildings insurance may be invalidated by subletting, and the long-term condition of the property may be affected by who occupies it. The consent requirement gives landlords the opportunity to assess the proposed subtenant and the proposed subletting arrangements before agreeing to them.
A Landlord Consent to Sublease is distinct from the Subletting Agreement itself. The consent document is given by the landlord to the tenant and records the landlord's agreement to the proposed subletting arrangement. The Subletting Agreement is the separate contract between the tenant (as sublandlord) and the subtenant, which governs the terms on which the subtenant will occupy the property. Both documents are needed to properly establish the three-way legal relationship between the landlord, the tenant, and the subtenant.
The legal framework governing the Landlord Consent to Sublease (England & Wales) in United Kingdom draws on several key statutes and regulatory bodies. Under the Landlord and Tenant Act 1985 and Housing Act 1988, disputes may be referred to the First-tier Tribunal (Property Chamber). Section 11 of the Landlord and Tenant Act 1985 sets repair obligations. The Land Registry maintains title records under the Land Registration Act 2002. Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 governs contracts for the sale of land. The Tenant Fees Act 2019 restricts permitted payments. Parties executing a Landlord Consent to Sublease (England & Wales) in United Kingdom should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Landlord and Tenant Act 1985 sets the foundational requirements.
When Do You Need a Landlord Consent to Sublease (England & Wales)?
A Landlord Consent to Sublease is needed whenever a tenant who holds a residential property under an AST or other tenancy in England and Wales wishes to sublet the property (or any part of it) to another person and the tenancy agreement contains a covenant — whether express or implied under section 15 of the Housing Act 1988 — against subletting without the landlord's consent.
The most common situations in which a Landlord Consent to Sublease is required include the following. A tenant who needs to relocate temporarily for work — for example, to take a secondment or project-based role in another city — may wish to sublet their flat to cover the rent during their absence rather than paying rent on an empty property. A tenant who has a spare bedroom and wishes to generate income by subletting it to a separate occupant on a separate tenancy basis (as distinct from taking in a lodger on a licence) will need landlord consent. A tenant who is in a long-term relationship and wishes to bring a new partner to live in the property under a sublease rather than adding them to the head tenancy may need consent. A tenant who finds themselves unable to remain in the property for the remainder of a fixed-term tenancy — for example due to a relationship breakdown or financial difficulties — may seek landlord consent to sublet as a way of meeting their rental obligations without remaining in occupation.
From the landlord's perspective, a Landlord Consent to Sublease is also the appropriate document when a landlord receives a formal or informal request from a tenant for permission to sublet, and the landlord is willing to grant that permission subject to specified conditions. Using a written consent document allows the landlord to set conditions clearly, to define the scope and duration of the consent with precision, and to confirm that the consent does not vary the head tenancy or constitute a general waiver of the covenant against subletting.
A Landlord Consent to Sublease is also advisable in situations where a tenant has sublet without obtaining prior consent — in order to regularise the position, the landlord may choose to grant retrospective consent subject to conditions, documented in a formal consent letter. This avoids the need for possession proceedings while protecting the landlord's interests going forward.
What to Include in Your Landlord Consent to Sublease (England & Wales)
A well-drafted Landlord Consent to Sublease for England and Wales should include several essential elements that together confirm the consent is clear, legally effective, and protective of both the landlord's and the tenant's interests.
The first element is the clear identification of all parties. The landlord must be identified by full legal name and address. The tenant must also be identified by full legal name, as they appear in the head tenancy. The proposed subtenant must be identified by name so that the consent is personal to that individual and does not extend to any other occupant.
The second element is the description of the head tenancy. The consent must refer to the specific tenancy agreement under which the tenant holds the property, identifying it by the parties, the property address, the commencement date, and the current end date. This confirms that the consent is clearly connected to the relevant tenancy and cannot be misapplied to a different tenancy or property.
The third element is the description of the property and the consented portion. The consent must precisely describe the property and specify whether the landlord is consenting to the subletting of the whole property or only a defined part. Where only part of the property is to be sublet, the description should identify the specific rooms or areas included in the sublease.
The fourth element is the consented sublease period. The landlord should specify the period for which consent is given — the start and end dates of the sublease that the landlord authorises. The consent should make clear that the sublease must not extend beyond either the consented period or the expiry date of the head tenancy.
The fifth element is the conditions attached to the consent. These may include requirements to provide a copy of the sublease agreement, restrictions on the subtenant's use of the property, obligations on the tenant to confirm the subtenant complies with the head tenancy, and confirmation that the consent is personal to the named subtenant.
The sixth element is the grant of consent itself — a clear statement by the landlord that they consent to the proposed subletting arrangement, subject to the conditions set out in the document.
The seventh element is a statement that the consent does not vary the head tenancy and does not release the tenant from any obligations under the head tenancy, including the obligation to pay rent.
The eighth element is a deposit protection acknowledgement where relevant, confirming the tenant's statutory obligation to protect any deposit taken from the subtenant under the Housing Act 2004 if the sublease constitutes an AST.
The document should conclude with a signature block for the landlord and an acknowledgement signature from the tenant confirming receipt of the consent. The forms-legal.com Landlord Consent to Sublease (England & Wales) template covers the mandatory elements under Landlord and Tenant Act 1985.
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Landlord Consent to Sublease (England & Wales) (United Kingdom) [Legal document template]. Forms Legal. https://forms-legal.com/uk/real-estate/leases/landlord-consent-to-sublease-uk
"Landlord Consent to Sublease (England & Wales) (United Kingdom)." Forms Legal, 2026, https://forms-legal.com/uk/real-estate/leases/landlord-consent-to-sublease-uk.
@misc{formslegal-landlord-consent-to-sublease-uk,
author = {{Forms Legal}},
title = {Landlord Consent to Sublease (England & Wales) (United Kingdom)},
year = {2026},
howpublished = {\url{https://forms-legal.com/uk/real-estate/leases/landlord-consent-to-sublease-uk}},
note = {Free legal document template. Based on Landlord and Tenant Act 1985}
}Also available for these jurisdictions:
Frequently Asked Questions
Yes, in almost all cases where the property is let under an Assured Shorthold Tenancy (AST). Section 15(1) of the Housing Act 1988 provides that it is an implied term of every AST that the tenant shall not assign the tenancy or sublet or part with possession of the whole or any part of the dwelling-house without the consent of the landlord. This implied term applies regardless of whether the tenancy agreement contains an express covenant against subletting. In practice, almost all AST agreements also contain an express prohibition on subletting without landlord consent, reinforcing the statutory position. A tenant who sublets without obtaining the landlord's prior written consent is in breach of the implied (or express) covenant against subletting. This breach may entitle the landlord to seek possession of the property on the discretionary Ground 12 in Schedule 2 to the Housing Act 1988 (breach of any obligation of the tenancy). In more serious cases — particularly where the whole of the property is sublet — the landlord may argue that the head tenancy has been surrendered by operation of law, which would affect the landlord's ability to seek possession and could affect the status of the subtenant.
The position on a landlord's right to refuse consent to subletting in residential ASTs is less clear than in commercial property law. For commercial leases, the Landlord and Tenant Act 1988 requires that where a lease contains a qualified covenant against alienation (i.e. a covenant not to assign, sublet, or part with possession without landlord's consent, such consent not to be unreasonably withheld), the landlord must give or withhold consent within a reasonable time and must not withhold consent unreasonably. For residential ASTs, section 15 of the Housing Act 1988 merely provides that the tenant shall not sublet 'without the consent of the landlord' — it does not impose a reasonableness requirement on the landlord's decision in the same way. However, the AST itself may contain an express provision that consent shall not be unreasonably withheld, in which case the reasonableness requirement would apply as a matter of contract. Even without such an express term, a landlord who routinely and unreasonably refuses all requests to sublet could face challenges. In practice, landlords who own buy-to-let properties typically do have legitimate reasons for wanting to control who occupies their properties — such as mortgage lender restrictions, insurance policy terms, and the need to maintain the property in good condition — and a refusal based on those grounds is unlikely to be unreasonable.
A landlord granting consent to a tenant to sublet the property may attach reasonable conditions to the consent. Common and legally appropriate conditions include: a requirement that the tenant provide the landlord with a copy of the signed subletting agreement within a specified number of days of execution; a requirement that the subtenant's name and contact details be provided to the landlord; a restriction that the subletting must be for residential purposes only; a condition that the sublease period must not extend beyond a specified date or beyond the remaining term of the head tenancy; a requirement that the sublease terms must be consistent with and not contradict the terms of the head tenancy; a condition that the tenant must confirm the subtenant complies with the terms of the head tenancy (for example, noise restrictions, no pets policies, or maintenance obligations); a requirement that the tenant promptly notify the landlord of any breach by the subtenant; and a condition that the consent is personal to the named subtenant and does not extend to any other person. Conditions that are unreasonable, or that are designed to extract financial advantage (such as requiring the tenant to pay a premium or additional rent as a condition of consent), may be unenforceable and could engage the Tenant Fees Act 2019 if they constitute a prohibited payment.
Where the head tenancy is terminated — whether by expiry, surrender, forfeiture, or a court order for possession — the subtenant's contractual right to occupy the property under the sublease also terminates, because a sublease cannot exist independently of the head tenancy. However, the consequences depend on the nature of the subletting arrangement. If the subtenant's occupation constitutes an Assured Shorthold Tenancy in its own right (which will be the case where the subtenant occupies the whole of a residential property as their only or principal home and the rent falls within the statutory limits), the subtenant retains statutory rights under the Housing Act 1988 and cannot be evicted without a court order. In this situation, the landlord may be required to serve a valid possession notice on the subtenant directly. The subtenant may also be entitled to apply to the court for relief from forfeiture under section 146 of the Law of Property Act 1925, which may allow the court to vest a direct tenancy in the subtenant. From the tenant's perspective, if the head tenancy is terminated as a result of the tenant's own breach (such as non-payment of rent), the tenant may be liable to indemnify the subtenant for any resulting loss. This is a key reason why the Landlord Consent to Sublease should clearly define the consequences of early termination of the head tenancy.
No. A landlord's consent to subletting does not release the tenant from any of their obligations under the head tenancy. The tenant remains fully responsible to the landlord for the payment of rent, the maintenance of the property, and compliance with all other obligations under the head tenancy, regardless of the subletting arrangement. In particular: the tenant must continue to pay rent to the landlord on the due dates, even if the subtenant has failed to pay rent to the tenant; if the subtenant damages the property, the tenant remains liable to the landlord for that damage to the extent it constitutes a breach of the tenant's repair or maintenance obligations; if the subtenant breaches any term of the head tenancy (for example by causing nuisance to neighbours or making unauthorised alterations), the landlord may treat that breach as a breach by the tenant; and if the sublease creates an AST, the tenant (as sublandlord) is personally responsible for complying with all landlord obligations under the Housing Act 1988 and the Housing Act 2004, including the obligation to protect the subtenant's deposit in a government-approved scheme. A well-drafted Landlord Consent to Sublease should make clear that the consent does not in any way vary or diminish the tenant's obligations under the head tenancy.
Section 15 of the Housing Act 1988 does not expressly require the landlord's consent to subletting to be in writing — it simply requires the landlord's 'consent'. However, obtaining written consent is very strongly recommended for both parties. For the tenant, written consent provides clear evidence that the landlord has authorised the subletting, which protects the tenant against any future allegation of breach of the covenant against subletting. Without written consent, the tenant could face possession proceedings even if the landlord had given informal verbal agreement to the subletting. For the landlord, a written consent document enables the landlord to set out the conditions of the consent in clear and enforceable terms, to specify the identity of the approved subtenant, to limit the consented period, and to confirm that the consent does not constitute a variation of the head tenancy or a general waiver of the covenant against subletting. Many AST agreements contain an express requirement that consent to subletting must be obtained in writing. In any event, as a matter of best practice, all consents relating to tenancies and property rights should be in writing to confirm clarity and to reduce the risk of disputes.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
Found an error? Let us knowRelated Documents
You may also find these documents useful:
Subletting Agreement (England & Wales)
Create a legally compliant Subletting Agreement for England and Wales. Covers the relationship between the head landlord, sublandlord (original tenant), and subtenant. Compliant with the Housing Act 1988 s.15 (consent requirement), Tenant Fees Act 2019, and deposit protection rules under the Housing Act 2004. Includes provisions on rent, deposit, utilities, obligations, indemnity, and termination.
Assured Shorthold Tenancy Agreement (England & Wales)
Create a detailed Assured Shorthold Tenancy (AST) Agreement for England and Wales. Fully compliant with the Housing Act 1988 (as amended), the Tenant Fees Act 2019, the Deregulation Act 2015, and the Renters' Rights Act 2025. Covers rent, tenancy deposit protection, landlord repairing obligations, prescribed documents (EPC, Gas Safety Certificate, EICR, How to Rent guide), break clauses, guarantors, pets, and the updated rules on possession notices following the abolition of section 21 from May 2026.
Room Rental Agreement (England & Wales)
Create a legally compliant Room Rental Agreement for England and Wales. Suitable for landlords letting a room in a shared house or HMO. Covers the Assured Shorthold Tenancy framework, HMO licensing under the Housing Act 2004, shared areas, house rules, Rent a Room Scheme, deposit protection, and the impact of the Renters' Rights Act 2025. Governs the relationship between landlord and tenant clearly, including bills, utilities, pets, smoking, and notice periods.
Tenancy Renewal Agreement (UK)
Renew an existing assured shorthold tenancy (AST) in England and Wales with a properly documented Tenancy Renewal Agreement. Whether you are extending for a new fixed term or confirming a statutory periodic tenancy, this template covers rent adjustments, deposit confirmation under the Housing Act 2004, break clauses, and compliance with the Deregulation Act 2015 and the Renters' Rights Act 2025.
Section 21 Notice (England)
Generate a Section 21 notice for assured shorthold tenancies in England under the Housing Act 1988. TRANSITIONAL TEMPLATE: Section 21 is being abolished from 1 May 2026 under the Renters' Rights Act 2025. This notice can only be served before 1 May 2026, with court applications by 31 July 2026. Covers prescribed documents (EPC, Gas Safety, How to Rent, EICR), deposit protection, and tenant rights information.