Subletting part: assured tenancy not lost - HA 1988 s. 4
If a tenant sublets part of a dwelling-house, the whole house remains an assured tenancy against the landlord, even if subtenant shares some accommodation.
Where the tenant of a dwelling-house has sub-let a part but not the whole of the dwelling-house, then, as against his landlord or any superior landlord, no part of the dwelling-house shall be treated as excluded from being a dwelling-house let on an assured tenancy by reason only that the terms on which any person claiming under the tenant holds any part of the dwelling-house include the use of accommodation in common with other persons. Nothing in this section affects the rights against, and liabilities to, each other of the tenant and any person claiming under him, or of any two such persons.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section stops a landlord from arguing that a tenant's subletting of part of the property (but not all) removes the whole property from assured tenancy protection. It applies even when the subtenant shares some living space (like a kitchen or bathroom) with the tenant. The protection is only against the landlord or any superior landlord; it does not change the legal relationship between the tenant and the subtenant. The tenant's own tenancy remains assured, and the landlord cannot treat the sublet part as a separate, unprotected letting.
When it applies
- A tenant rents a two-bedroom flat, sublets one bedroom to a lodger, and shares the kitchen and bathroom. The landlord claims the sublet room is not part of the assured tenancy and tries to evict the tenant.
- A tenant sublets a room but keeps exclusive use of the living room, while the subtenant has use of the hallway and toilet. The landlord argues the sublet area is excluded from the assured tenancy.
- A tenant sublets a single room in a house, sharing the kitchen and bathroom. The landlord serves notice claiming the tenancy is no longer assured because the subtenant's accommodation is shared.
- A tenant sublets a room and the subtenant has exclusive use of that room but shares the kitchen. The landlord says the whole house is no longer an assured tenancy.
What this section does not say
- This section does not give the subtenant any rights directly against the landlord or superior landlord.
- It does not apply if the tenant sublets the whole dwelling-house.
- It does not prevent the landlord from evicting the tenant for other reasons, such as rent arrears or breach of tenancy.
- It does not determine whether the subtenant holds a tenancy or a licence.
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This page reproduces the text of HA 1988 s. 4 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.