Does sub-letting include a temporary guest who is staying free of charge?

• Generally no.
• A sub-lease is established where a new agreement is created between a head-tenant (the original tenant) and a new sub-tenant.
• The sub-tenant must have exclusive possession of all or part of the residential premises.
  • For example the sub-tenant may have their own room.
• The relationship between the head-tenant and sub-tenant is the same as a landlord and tenant relationship.
• The head-tenant has the same responsibilities that a landlord would have.
• Usually a guest will not have this level of possession and the relationship between the head-tenant and the guest will not be one of landlord and tenant.
• It should be noted that a sub-lease cannot be created without the consent of the actual landlord.
• You can use our free and anonymous Ask a Lawyer service if you have a particular issue you want to know more about.