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Investigate suspected subletting without guessing

Distinguish guests, permitted occupiers and a subletting arrangement before taking action.

England · Wales · Scotland · Current guidance

Checked 20 October 2026. Review due 19 November 2026.

Another person staying at a property is not by itself proof of unlawful subletting. Check the agreement, actual occupation and any licensing or safety implications.

Identify the concern

  • Note the source and reliability of the information, separating observation from a neighbour's speculation.
  • Check what the contract says about guests, lodgers, additional occupiers and subletting.
  • Review any known permission already given by an agent.

Ask and verify proportionately

  • Explain the concern and invite the tenant to clarify who lives there and on what basis.
  • Arrange any relevant inspection through the lawful access process.
  • Check occupancy limits, HMO implications and safety where the household has changed.

Decide the appropriate response

  • Correct records if the arrangement is permitted.
  • If consent or a variation is needed, assess it under the applicable law and contract.
  • For an alleged breach, obtain advice on evidence and the lawful remedy rather than changing locks.

Example: a partner stays regularly

A fictional neighbour reports a new person at the property. Ask whether they are a guest, partner moving in or paying subtenant. Those facts can lead to different legal and licensing questions.

What to do

  1. Record the factual concern and review the agreement.
  2. Ask the tenant for an explanation and arrange lawful inspection if needed.
  3. Get advice before alleging breach or serving notice.

Evidence to keep

  • Agreement, permitted-occupier records and relevant factual observations.
  • Tenant explanation, lawful inspection findings and advice.

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Sources and guidance

Related guides

General information, not legal advice. Use the official source for the full scope and exceptions. Read our source and correction policy. You can print this page using your browser’s print option.

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