Dealing with subletting as a landlord

Dealing with subletting as a landlord

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Subletting can be a tricky game for landlords and, unfortunately, it’s quite a common trend in South Africa. Subletting is on the rise due to economic pressure and affordability, and so tenants often rent out a room in the house to someone in need.

The tenant becomes the middleman, receiving money for the use of the room. Renting a single room is cheaper for the new occupant, but the landlord often has no idea that this is happening in their house.

There are obviously legal implications and contractual limitations behind illegal subletting, but even if the tenant asks for permission to sublet, the landlord can still be at risk.

Whether the subletting is done with or without permission from the landlord, there are a few steps you can take to cover your back in the process.

Assess the situation

Often, our gut instinct is correct. If you have a feeling that your tenant is subletting, you can phone them at any time to chat about it. You are also allowed to notify them of your intent to visit the premises.

Go round to the property and perform a quick inspection - look for evidence of someone living in the free room, such as an unmade bed or clothing on the floor. Once you are certain that someone is subletting without your permission, you need back up.

Get an agent to help

Having the rental agent on your side will make the process a lot easier. Generally, the managing rental agent will take over and sort the issue out promptly. They can either cease the tenant’s contract or just evict the new occupant.

The rental agent will also conduct a more thorough inspection of the property and will be able to iron out any maintenance problems as a result of the subletting. This ensures that you won’t be out of pocket for an illegal tenant.

If you give permission to sublet, have rules

In the case where permission is granted to sublet, you need to know who the new occupant will be. The current tenant will have to provide you with the new occupant’s name and contact details. If possible, get a copy of their ID document and a few references from previous landlords.

The Sectional Title Management Act states that the landlord must provide the body corporate with the names and ID numbers of the tenants. This ensures the security of the apartments and of the residents who share the building.

The liability for rent remains with the original tenant. So if you are happy for them to sublet to cover the rental costs, they become responsible for the timeous payment of the rent. If an eviction notice needs to be served on the tenant, the new occupants can be evicted too. Make sure that these rules are clear to all parties and agreed upon before allowing a tenant to sublet.

The game of subletting can be quite tricky if not handled correctly. The tenant assumes responsibility for any changes to the living arrangements, and as such must notify the landlord or face the legal backlash.

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Author: Seeff