I believe my tenant is subletting the property (South Australia)
As an owner you need to be sure the tenant is subletting first.
Speak to the tenant and ask if they are subletting the property - DO NO accuse them, this is the worst thing you can do.
Gently remind them of their obligations.
- The tenant is not allowed to sublet the property without the owners written consent. See reference (1) below.
- if it is found they are subletting the property they are breaching the lease and a notice of termination may be sent by giving them a minimum of 7 days to remedy the breach then a further 7 days to vacate if they have not stopped subletting (breaching the lease).
Cubbi will create this notice for you to sign and be sent to the tenant. Contact us.
Another option to consider:
On the other hand, if they are subletting but otherwise good tenants you could give written permission to sublet and charge extra rent to cover the risk and extra wear and tear on the property.
Cubbi will create this document (Change of tenancy terms) for signing by all parties, you will just need to agree on the extra rent. This might be 10% additional rent but contact us for a chat.
Tip: Talking to your tenant on the phone or in person about this helps to reduce stress and tension on your relationship and appear as if you are not accusing them. After the phone call send them an email to outline your discussion, you may copy and paste bits from this article and references below.
You have 3 options:
- Nothing more - Leave it as it is noting that they have been warned by you including a written warning by email.
- Give the the tenant formal notice of break and termination - Contact Cubbi and we'll create a notice and guide the process.
- Agree to allow subletting - Contact Cubbi and we'll create the agreement to include Subletting and the extra rent (and any other clauses you agree with the tenant).
- Residential Tenancy Act South Australia. Section 74, Subsection 2 (a) - the tenant must not assign the tenant's interest, or sub-let the premises, without the written consent of the landlord;
- Residential Tenancy Act South Australia. Section 80, Subsection 1.- Notice of termination by landlord on ground of breach of agreement.
- Cubbi's Lease Agreement. Item 12 - The tenant has the right, with the landlord’s written approval, to sublet the rental premises, or assign their interest to another party. The landlord cannot unreasonably withhold consent or charge for subletting or assignment, except for reasonable incidental expenses in doing so.