Asking your landlord to take in a lodger or sub-let under the Renters' Rights Act: the tenant consent request walkthrough (RRA Day 9, May 2026)

A spare room earns nothing while it sits empty. A friend needs somewhere for three months while their flat is renovated. A second income would take pressure off a tight household budget. Each of these is a perfectly normal reason a tenant might want to take in a lodger or arrange a short sub-let - and each requires, in most cases, the landlord's consent. The Renters' Rights Act 2025 has tightened the consent regime in some places (pets, most visibly) and left it broadly unchanged in others (lodgers and sub-lets), but the escalation routes if a landlord behaves unreasonably are now significantly stronger.

Nine days into the new regime, this is the post for the tenant who wants to write a clean consent request, knows what counts as a reasonable refusal, and has the escalation ladder ready if the answer comes back as a flat no with no reasoning. Two scenarios, four templates, and the honest legal framing throughout.

The two scenarios - be precise about which you mean

Lodger and sub-let are often used interchangeably in casual conversation. They are different in law, and your landlord will treat the request differently depending on which one it actually is.

Lodger

You remain in the property. You take in a paying occupant who shares living space with you - kitchen, bathroom, often a sitting room. The lodger is your lodger, not the landlord's tenant. Lodger agreements are licences, not tenancies, and they sit outside the assured-tenancy framework that the Renters' Rights Act regulates.

For the lodger, that means most of the new RRA tenant protections do not apply to them as a lodger. For you, the tenant whose name is on the head tenancy, it means the legal relationship with your lodger is governed by your lodger agreement and basic landlord-tenant principles - not the RRA regime.

Sub-let

You grant a tenancy or licence to another person who occupies the property. The sub-tenant may have exclusive possession of part of the property (a self-contained section) or all of it (you are not in residence, perhaps because you have moved out for a fixed period). A sub-tenant, depending on the arrangement, may have an assured tenancy in their own right against you - which has consequences if you ever want them out.

The crucial point: most assured shorthold tenancy agreements explicitly prohibit sub-letting without the landlord's consent. Many also require consent to take in a lodger. Doing either without consent risks a section 8 ground-based possession claim under the post-RRA regime.

What the tenancy agreement says - read this first

Before writing anything to the landlord, read your tenancy agreement carefully. Look for clauses on:

• "Sub-letting" or "underletting" - usually prohibited absolutely or with consent
• "Lodgers" - sometimes a separate clause, sometimes folded into sub-letting
• "Assignment" - a different mechanism (transfer of the whole tenancy) but often grouped with the others
• "Not to be unreasonably withheld" - if this phrase appears anywhere near the consent clause, your hand is significantly stronger

The standard clause says something like: "The tenant shall not sub-let or part with possession of the whole or any part of the premises without the prior written consent of the landlord, such consent not to be unreasonably withheld."

That phrase - not to be unreasonably withheld - is the one that turns a refusal from a black-box landlord decision into a justiciable question. Without it, the landlord can refuse for any reason or no reason. With it, the refusal must meet a reasonableness standard.

If your agreement is silent on lodgers and sub-lets, the default position depends on the kind of tenancy. For most ASTs, the courts will read in a duty of consent not to be unreasonably withheld where the agreement allows sub-letting at all.

What "reasonable refusal" looks like

Drawing on the established case-law on consent in lease contexts, a refusal is more likely to be reasonable when the landlord can point to:

• HMO licensing implications - taking in a third unrelated occupant tips many properties into HMO status under the Housing Act 2004. A landlord without an HMO licence has a legitimate concern.
• Selective licensing - in licensed areas, a sub-let may breach the landlord's licence terms.
• Mortgage or insurance restrictions - many buy-to-let mortgages and landlord insurance policies prohibit sub-letting. The landlord can reasonably refuse to put their cover at risk.
• Concerns about the proposed occupant - documented (e.g. failed referencing, prior anti-social behaviour at another property), not based on protected characteristics.
• Property-specific issues - the property genuinely cannot accommodate an additional person (e.g. studio flat, single fire-escape route).

A refusal is more likely to be unreasonable when the landlord:

• Refuses without giving reasons.
• Refuses on grounds unrelated to the property or the proposed occupant.
• Refuses based on a blanket policy with no consideration of your specific request.
• Demands a higher rent or a "consent fee" as a condition (often unreasonable, depending on context).
• Fails to respond at all within a reasonable period (typically four to six weeks for a clean consent request).
• Refuses on grounds that would breach the Equality Act 2010 (age, race, disability, religion, sex, sexual orientation, etc.).

The Renters' Rights Act did not rewrite this whole framework, but it sharpened the redress route for unreasonable behaviour. The expanded Property Redress Scheme membership requirement gives tenants a clear, low-cost escalation path that did not exist as a single consolidated system before.

The clean consent request letter

Three principles for the request itself: identify the request precisely, give the landlord enough information to make a sensible decision, and put a clear deadline on the response. Vague requests get vague refusals.

Template 1 - lodger consent request

[Property address]
[Today's date]

[Landlord / managing agent name]
[Landlord / managing agent address]

Re: Request for consent to take in a lodger - [property address]

Dear [Name],

I am writing to request your written consent to take in a lodger at the
above property under clause [N] of the tenancy agreement dated [date].

Details of the proposed arrangement:

- Lodger name: [name]
- Length of arrangement: [months / open-ended]
- Room(s) involved: [specify, e.g. the second bedroom]
- Shared spaces: kitchen, bathroom, living room
- Lodger rent payable to me: GBP [amount] per month
- I will remain in occupation throughout

I will be the lodger's licensor under a written lodger agreement (a copy
of the standard form I propose to use is attached). The lodger will
share my living space and will not have exclusive possession of any
part of the property.

I confirm:

- The total number of unrelated occupants will be [N], which keeps the
  property below the HMO threshold of three unrelated occupants forming
  more than one household.
- I have considered the council tax and council notification position
  and will handle these correctly.

Please confirm in writing within four weeks whether you consent. If
you have any questions or would like further information, I am happy
to discuss.

Yours sincerely,

[Your full name]
[Phone number]
[Email]

Template 2 - sub-let consent request

[Property address]
[Today's date]

[Landlord / managing agent name]
[Landlord / managing agent address]

Re: Request for consent to sub-let - [property address]

Dear [Name],

I am writing to request your written consent to a sub-letting
arrangement at the above property under clause [N] of the tenancy
agreement dated [date].

Details of the proposed arrangement:

- Sub-tenant / occupier: [name]
- Length of arrangement: [start date to end date]
- Part(s) of property: [whole / specified part]
- Reason for the sub-let: [e.g. I am working abroad for six months and
  return on date X]
- Rent and deposit: I propose the sub-tenant pays me GBP [amount] per
  month and a deposit of GBP [amount] held in [DPS / mydeposits / TDS]
- I retain primary responsibility for the head tenancy, including rent
  and condition of the property

References for the proposed sub-tenant are available on request. I am
happy to provide whatever information would help you reach a decision.

Please confirm in writing within four weeks whether you consent. If
there are conditions you would like to attach (e.g. a particular form
of sub-tenancy agreement), please set them out.

Yours sincerely,

[Your full name]
[Phone number]
[Email]

These templates do three things every consent request should: state the request precisely, anticipate the landlord's likely concerns, and set a deadline for the response.

If the answer is a refusal - the four-step escalation

A refusal that arrives with no reasoning is rarely defensible. Here is the path.

Step 1 - ask for written reasons

Most refusals reach for a one-line "no" because the landlord is not used to being asked to justify themselves. A polite request for reasons reframes the conversation and forces the landlord to commit to a position.

Dear [Name],

Thank you for your response of [date] declining my consent request.

So that I can properly consider my position, please could you set out
in writing:

1. The specific reasons you have refused consent.
2. Whether any of those reasons would be addressed by amendments to my
   proposal (for example, different conditions, a different proposed
   lodger, or further information).

I am asking under the principle, applicable in this tenancy, that
consent is not to be unreasonably withheld.

Yours sincerely,

[Your full name]

Step 2 - test the reasons against the standard

Once the reasons are in writing, work through them. Are they about the property or the proposed occupant? Are they evidenced? Could they be addressed with sensible adjustments? Sometimes a landlord's reason is genuine but solvable - "I am worried about HMO licensing" might dissolve when you point out that the occupant count stays below the threshold.

If the reasons survive testing - they are property-related, evidenced, and not solvable by amendments - the landlord is probably acting reasonably and the request is unlikely to succeed. If the reasons collapse on testing, you have grounds for the next step.

Step 3 - escalate to the Property Redress Scheme

Under the Renters' Rights Act 2025, all private landlords in England must be members of the Property Redress Scheme (the consolidated, expanded successor to the previous PRS / Property Ombudsman regimes). The scheme deals with complaints about landlord behaviour, including unreasonable refusal to engage with consent requests. Filing a complaint is free for the tenant.

The scheme cannot, in most cases, force the landlord to grant consent - but it can find that the landlord has acted unreasonably, recommend an apology, and (in some cases) order modest compensation. More importantly, a Property Redress Scheme finding becomes part of the documentary record if the dispute escalates further.

Step 4 - the county court route

For high-stakes cases - where you have a realistic sub-let opportunity that you will lose if consent is not granted, or where the unreasonable refusal has caused you measurable financial loss - the county-court route remains. You can seek a declaration that the refusal is unreasonable, and damages.

For most tenants this is overkill. The Property Redress Scheme route handles the great majority of disputes adequately. The court route is the long-stop, used in serious commercial sub-let cases and unusual scenarios.

Template 3 - the "reasons please" letter (Step 1, ready to send)

The template above already sits at Step 1.

Template 4 - the escalation letter referencing reasonableness

[Property address]
[Today's date]

[Landlord / agent name]
[Landlord / agent address]

Re: Request for consent to [lodger / sub-let] - reasonableness of
refusal - [property address]

Dear [Name],

Thank you for your further response of [date]. I have considered the
reasons you set out and respectfully submit that they do not amount to
a reasonable basis for refusing consent under clause [N] of the
tenancy agreement.

In particular:

1. [Reason 1 the landlord gave] - [why it does not meet the
   reasonableness standard]
2. [Reason 2 the landlord gave] - [why it does not meet the
   reasonableness standard]
3. [Reason 3 if applicable] - [response]

I would be grateful if you would reconsider the request. If you remain
of the view that consent should be refused, I propose to refer the
matter to the Property Redress Scheme.

Yours sincerely,

[Your full name]

A measured, factual letter usually moves the conversation. Landlords who realise the tenant is willing and able to escalate often find their reasons softening.

HMO and licensing watch-outs

Two things to check before sending any consent request.

HMO threshold

Under the Housing Act 2004, a property occupied by three or more unrelated occupants forming more than one household is an HMO. Whether it requires an HMO licence depends on the local council's mandatory and additional licensing schemes. Adding a third unrelated occupant is the usual tip-over point.

Before writing the consent request, count the occupants under the proposed arrangement and check whether the property would become an HMO. If it would, your consent request should address that head-on - it is the landlord's most likely reasonable concern.

Selective licensing

In selective licensing areas (parts of many English councils, particularly in larger cities), every privately let property in the designated area must be licensed by the council. A sub-let may breach the licence conditions or require a variation. Check the council website for the licensing scheme and reference it in your request if applicable.

What the RRA did and did not change for these requests

A clear summary, because there has been a fair amount of confusion in the early weeks of the regime.

The RRA did change: pet consent requests now have a sharper "reasonable refusal" test, with statutory backing for tenants. Consent must be considered on the merits, in writing, within set timeframes.

The RRA did not (substantially) change: the lodger / sub-let consent regime itself. The rules still rest on what your tenancy agreement says, the common-law principles of reasonableness in withholding consent, and the long-standing Housing Act 1988 framework as amended.

The RRA changed indirectly: the Property Redress Scheme expansion gives tenants a faster, free, unified escalation route when a landlord's behaviour is poor on any front - including consent requests that disappear into a black hole or are refused with no reasoning. That is a meaningful change to the practical position even if the substantive law on consent is largely unchanged.

Where the RentSOS check fits

RentSOS is focused on rent challenges, not consent disputes. But if your landlord refuses a sensible consent request and then serves a Form 4A rent increase, the two situations may be linked - and the rent increase itself may be procedurally vulnerable. The free check at rentsos.co.uk confirms whether the Form 4A is valid in about two minutes.

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