Apartment was sublet without my knowledge

D

dublinaam

Registered User
Messages
50
Hi,

I recently discovered my tenant has been subletting my apartment on short term rental websites. I am not sure if they ever actually stayed there themselves although they claim they only did it a few times (minimum of 10 by my estimates and they only have been there 4 months).

What should I do here?

I believe I cannot even evict them and can only give a breach of lease warning letter which seems bonkers.
 
Document, document, document.

There was a case in RTB on this (last year?) and it was in the IT as well. I know it was discussed on this board, so a bit of searching will pull it up.

You could even get a friend to make a booking.
 
Be careful before you try to kick them out.

Presumably if it's a two bed apartment, they are entitled to airbnb the second room?

Or if they are away for two weeks, they are entitled to rent it out to someone else for those two weeks?
 
DannyBoyD said:
Subletting requires owners permission.
Click to expand...

And have there been RTB cases on the issue?

If someone sublets while they are on holiday for two weeks, are they voiding the lease?

I fully appreciate that someone who rents a place and then airbnbs it without ever living in it, would have no defence.
 
Subletting without landlord consent is a breach of the tenancy agreement.

The first step is to issue a warning letter, which does not need to be copied to the RTB, outlining the breach and giving them a reasonable time to rectify same. I would attach copies of any relevant ads and make sure you keep a copy for your self and send by certified post.

If the breach continues, you can issue a formal notice of termination, copying the RTB.

Good luck!
 
Brendan Burgess said:
If someone sublets while they are on holiday for two weeks, are they voiding the lease?
Click to expand...
Strictly speaking, yes but I doubt you'd even know about it to be honest.

And unless you had multiple other issues to add, I wouldn't consider this for a second as eviction grounds.
 
No, subletting does not void the lease. Subletting without landlord consent is a breach but the tenancy remains in effect.

The tenant must be given a warning and an opportunity to remedy the breach within a reasonable timeframe.

If the breach continues, then a notice of termination can be issued.
 
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