‘It’s Not Working between Us Anymore...’ – Power Imbalances and Legal Ambiguity in Berlin's Subletting Sector

The rental sector in Germany, and Berlin in particular, was until recently considered one of the most robust, secure and affordable in Europe. However, along with the commodification of the local housing market and the decline in social housing provision, rental prices in the city have risen by 142% between 2013 and 2023. In the face of increased competition for rental space, head tenants have emerged in a position of power in their relationship with subtenants. Despite legal instruments such as rent caps, this power unfolds in the informal rules of tenancy that regulate prices, uses and timescales of the relationship, including ad hoc termination as one of the key issues experienced by sub-tenants. In this paper, we examine the facets of these relationships and informal arrangements against the legal ambiguity (and often contradictory effects) of instruments designed to protect tenants. We further examine the potential of social movement proposals to address these issues through initiatives and organisations such as “Anmeldung für Alle” (Registration for all) and “Right to the City”. Our analysis is based on research conducted in Berlin between September 2023 and March 2024, including interviews with 7 head tenants and 31 tenants, and a review of legislation regulating the local rental sector.