This guide is informational. Always verify how the rules apply to your specific case.
You are here: At home → Subletting
The guide belongs to At home. It does not replace termination if the landlord has already acted. A tenant-owned flat is a different track: when the tenant-owned flat starts cracking.
What the Rent Tribunal examines
If the landlord has refused, or not responded, you can apply for permission. Three conditions must be met simultaneously, Chapter 12, Section 40:
- Noteworthy reasons – special family circumstances, age, illness, temporary work or studies in another location, extended stay abroad, or comparable reasons. A two-week vacation is rarely one.
- The landlord lacks a justified reason to refuse – history of disturbances, previous unauthorized subletting, or if you do not intend to move back weighs against you.
- The sublet rent is reasonable – it must not exceed your rent plus limited additions for furniture (maximum 15 percent) and actual costs for other items. Chapter 12, Section 55, fourth paragraph.
The permission is time-limited and can be conditional. Start with the paperwork: contract, reasons, time period, who will live, what rent.
If you are the one living in the sublet
Security of tenure is weaker. If the subletting ends before it has lasted two consecutive years, the usual extension rules do not apply, Chapter 12, Section 45. The primary tenant who intends to return home has a strong interest. Do not sign that you “lack protection” in the stairwell. Read security of tenure.
Frequently Asked Questions
Is an email from the landlord sufficient?
Written consent with name, period, and who will live there. An “okay” in chat without a period is a poor basis if the landlord changes their mind.
Can I charge more in sublet rent than I pay myself?
Not freely. The reasonableness rule in Chapter 12, Section 55, fourth paragraph sets a ceiling. Unreasonable sublet rent can itself lead to forfeiture.
Do I have to be a member of the Tenants' Association?
No. The permission is in the law. The advice is often in the membership. See How to use the association.
Sources
Checked: September 14, 2026.
- Land Code Chapter 12, Section 39 (subletting)
- Land Code Chapter 12, Section 40 (Rent Tribunal's permission)
- Land Code Chapter 12, Section 41 (lodger)
- Land Code Chapter 12, Section 55 (reasonable rent, sublet ceiling)
- Rent Tribunal
For those reading under stress
The guide is intended as support when you already have a lot on your mind. You do not need to read everything at once: start with the section that matches where you are today and return when the next step becomes relevant.
Matters with authorities rarely improve if you handle everything alone. Ask for help from a support person, lawyer, or relative if you can – especially before decisions with long-term effects.
Common mistakes that make the case more difficult
- Relying solely on verbal promises without a brief written confirmation or follow-up email.
- Waiting to request documents until the conflict is already locked – then it becomes harder to demonstrate what was said.
- Writing so extensively and emotionally that the authority stops responding to the substantive issue.
- Missing deadlines for reconsideration or appeal because the decision was not read verbatim.
Mini-checklist before you leave the guide
- Do I have the date, diary/case number, and the name of the person handling the case (if you know)?
- Do I know what the next step is: respond, request, remind, appeal, or report?
- Have I saved emails and attachments in a place where I can find them in a week?
