Your tenant is subletting without permission
Ground 12 vs Ground 14ZA, and how to prove subletting in court.
Almost every assured tenancy agreement prohibits subletting without the landlord's written consent. If your tenant has taken in lodgers or rented out a room (or the whole property) without permission, this is a breach of tenancy.
Two routes apply, depending on severity.
Ground 12 — breach of tenancy (discretionary)
The standard route for unauthorised subletting. Cite the relevant clause of the tenancy agreement. Evidence the subletting (see below). 4 weeks notice. The court weighs whether eviction is reasonable.
Ground 14ZA — illegal subletting (immediate)
Reserved for cases where the tenant has sublet the whole property in breach (not just taken in a lodger) and the subletting is itself a criminal offence (e.g. obtaining the tenancy by fraud, or social-housing fraud). Immediate notice. Mandatory. This is unusual outside the social-housing context.
How to prove subletting
Inspection visit (with proper notice) showing strangers in the property. Letters at the address in names other than the tenant. Listings on SpareRoom or Airbnb that match the property. Statements from neighbours. Council tax records if your local authority is willing to share.
If you discover Airbnb-style short lets
Save the listing as a PDF. Check the dates. Photograph the property if you can see signs of multiple stays. This is one of the cleanest evidentiary trails for Ground 12.
Common mistakes
- Treating taking-in-a-lodger as subletting. The tenant has the right to take in lodgers unless the tenancy specifically prohibits it.
- Serving Ground 14ZA when only Ground 12 applies. Ground 14ZA has a high evidentiary bar.
- Entering the property without notice to gather evidence. This is harassment and weakens your case.
Source: gov.uk Guide to the Renters' Rights Act 2025. Last verified 2026-05-09. This page is informational, not legal advice. For complex disputes, consult a solicitor.