dad and his three daughters

Information for tenants and homeowners.

Subletting if you're a homeowner

Your lease specifies whether you are allowed to sublet your home.

Usually you can do this if you bought under the right-to-buy, right-to-acquire or outright sales schemes, or if you own all your home.

If you bought under a shared-ownership or home-equity scheme, you'll need to meet certain conditions.

Also, you cannot sublet if you're in service charges arrears.

The process

You need to get written permission from us (a fee is payable to deal with the request).

If you sublet your home without our permission in writing, you are breaking the conditions of your lease and we may have to take legal action against you.

If you have a mortgage, you will need to get your mortgage company's permission in writing.

You should also check your home contents insurance will still be valid.

Your subtenant

Your subtenant must sign an assured shorthold tenancy agreement, which lasts for at least six months.

This should cover the same clauses as your lease, so that the tenant is required to meet the same conditions as you – for example concerning noise nuisance.

You should include a clause which allows you to give two months' notice of ending the tenancy.

What we need

  • A copy of the shorthold tenancy agreement you have with your tenant
  • The letter from your mortgage company giving you permission to sublet
  • A contact number for the subtenant
  • The address, phone number and email address we can contact you on in an emergency
  • The details of your letting agent, if you have one

Please be aware that you are responsible for the actions and behaviour of your subtenants. If your subtenant breaks the conditions of your lease, we will hold you responsible and take action against you.

Subletting if you're a tenant

Please contact us to discuss your situation before agreeing to let someone move into your home. This is because: 

  • Tenants with secure tenancies have different rights to tenants with assured tenancies
  • Sub-tenant or a lodger? Legal definitions can be complicated and may vary depending on your property
  • Any income received from a lodger or a sub-tenant may affect the amount of tax you pay and the benefits you receive