Last year, I rented a four-bedroom house with a servant's quarter within my own compound in South C. Since I lost my job in the middle of last year, I've resolved to sublet some rooms and the servants quarter in order to supplement my income. However, the house owner learned of the subletting and has threatened to evict me. I'm not sure what his problem is because I pay him the agreed-upon rent on time.
Pauline from Nairobi

Legally, a tenant who pays rent to the landlord is not allowed to sublet the property without consent of the property owner.

Many landlords are aware that some tenants secretly sublet their property to even raise more money than what they pay for rent. Therefore, the smart landlords include a clause in tenancy agreements that forbids subletting.

There are landlords who do not mind when their tenants sublet as long as their agreed rent is paid on time. The blame should not always be pointed to house owners since there are also tenants who rent houses but do not use them as residential but business premises within quiet neighbourhoods.

The Land Act 2012 forces landlords to respond to proposals by tenants within "reasonable time". According to Section 67 of the Land Act, the house or land owner is under obligation to give or refuse consent to the application by the tenant.

The tenant can make a written application to the landlord seeking permission to sublet the property, transfer or assign the lease or part with possession of the rented land or building.

Other common reasons include changing the use of the property from what is included in the lease, extend, improve or develop the building or create a charge over lease.

The landlord can, however, decline to give consent if the tenant is required to pay additional rent, premium or fine towards expenses to be incurred in connection with the permission.

Other reasons may include if the consent may impose unreasonable conditions to the property owner. The landlord should inform the tenant in writing the reasons for refusing to allow the proposals.

The main advantage on seeking written permission of the landlord before renting out part of your house is that it would avoid future disputes.

In a case where the landlord allows you to sublet, your status also changes to a 'landlord' and must therefore prepare a rental agreement, set sound ground rules and ask for a deposit and at least one month rent before your 'tenant' moves in. Such ground rules help to avoid future misunderstandings especially when subletting to a friend or relative.

It is also important to know that even though subletting may earn you an extra income, it also has its challenges as you will have someone else living in your private space - be sure and ready as the person will occasionally be hosting visitors too!

- Harold Ayodo is an advocate of the High Court