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If someone living in accommodation they are renting sublets it or a room illegally, and I enter a contract with them for that accommodation, what repercussions could there be later?

I found this advice https://www.citizensadvice.org.uk/housing/renting-a-home/subletting-and-lodging/subletting/what-happens-if-a-subtenancy-is-unlawful/

If they weren't allowed to sublet because their tenancy agreement said they couldn't, or if they didn't get their landlord's permission beforehand when they should have done, this means that the subletting itself is unlawful.

However, even if the subletting is unlawful this doesn't affect your tenancy. Your tenancy is valid because your landlord, who is the mesne tenant, created a tenancy - your subtenancy. This brings about a relationship of landlord and tenant between you and them.

Which I don't understand. Sounds like the subletting original tenant is contractually obliged to provide me the accommodation, but how can they be allowed to continue to do that since it's illegal in the first place?

What would really happen if they were exposed?

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  • I think the quoted statement would not be correct in most US states, and I am not sure if it is correct in UK law.
    – David Siegel
    Commented Aug 22, 2022 at 21:26

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No, it’s not illegal

However, you are exposed to eviction when the landlord evicts the tenant you entered the lease with you.

Of course, because you have a valid contract which your principal is now in breach of, you can recover damages.

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    Your source says that the landlord may evict the tenant that illegally sublet. It doesn't talk about the person who lives in the room with the illegal contract. It does not seem clear to me that the landlord can evict that person as well.
    – quarague
    Commented Aug 23, 2022 at 8:45
  • From that page does "taking in a lodger under a licence agreement is not subletting because the lodger only has permission to occupy a room, they do not have exclusive possession of it" mean that it's legal for a tenant to rent out one of the property's rooms without the landlord knowing?
    – minseong
    Commented Aug 23, 2022 at 10:05

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