V. Sub-letting
   
If I have found that my tenant has sub-let my property to
some other person without my consent, then what can I do to protect my
interests? A tenancy document usually contains a clause that prohibits the tenant from subletting
the property to another party. Any subletting by the tenant will be
a breach of such a clause and the landlord can institute legal action
for compensation.
If the tenancy document does not contain a clause that prohibits subletting,
then the mere act of subletting, even without the landlord’s consent,
may not be illegal. As a tenancy has the effect of passing the landlord’s
interests in the property to the tenant, the tenant may deal with the
property in whatever manner (except for any illegal activities or actions
which would violate the tenancy document) within the period of the
tenancy, including subletting the property to another party.
Based on the same reasoning, the breach of a prohibition
clause on subletting will make the tenant liable to the landlord for
damages, but may not render the sub-tenancy illegal.
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