UKI'm subletting without my landlord's permission. Can I be evicted?
Yes, you can be evicted for subletting without your landlord’s permission — it is usually a breach of your tenancy agreement and may give your landlord grounds for possession.
What the Law Says
Subletting without your landlord’s permission typically breaches your tenancy agreement and may trigger eviction under statutory grounds. The Housing Act 1988 sets out the legal framework for assured shorthold tenancies (ASTs), which cover most private renters in England and Wales.
Most tenancy agreements explicitly prohibit subletting without written consent. Even if your agreement doesn’t say so, implied terms or common law principles may still treat unauthorised subletting as a serious breach.
Under the Housing Act 1988, landlords can seek possession using 'Ground 12', which applies when the tenant has broken a term of the tenancy — such as subletting without consent. This is a discretionary ground, meaning the court decides whether eviction is reasonable.
If the subletting also involves rent arrears or anti-social behaviour, additional grounds (e.g., Ground 8 or Ground 14) may apply — some of which are mandatory.
Statutory TextThe court shall not order possession of a dwelling-house let on an assured tenancy unless it considers it just and equitable to do so, having regard to all the circumstances including the conduct of the parties.
— Housing Act 1988, s. 8(3) — Grounds for possession
Statutory TextGround 12: The tenant has broken one or more of the obligations of the tenancy, other than one relating to payment of rent.
— Housing Act 1988, Sch. 2, Ground 12
What Courts Have Said
Courts have consistently held that unauthorised subletting undermines the landlord’s control over their property and can justify eviction — especially where the tenancy agreement clearly forbids it.
The court granted possession where the tenant sublet a room without consent, finding it a material breach of the tenancy agreement and unreasonable conduct.
Confirmed that breach of a fundamental term — like prohibition on subletting — can make continued occupation unjust, supporting possession orders under Ground 12.
What to Do
Check your tenancy agreement for any clause about subletting or assigning the tenancy.
Contact your landlord immediately to request written permission — explain your situation honestly.
If eviction proceedings begin, respond to the Section 8 notice and consider seeking advice from Shelter, Citizens Advice, or a housing solicitor.
Do not ignore court papers — failing to attend a possession hearing almost guarantees an eviction order.
If you’ve already sublet, stop collecting rent from the subtenant and vacate the property if advised by legal professionals.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.