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Subletting your home
Information for homeowners.
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. You cannot sublet if you are in arrears with your service charges.
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 terms and 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 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
Applications for lodgers
Your tenancy agreement specifies whether you are allowed to take a lodger. The following table summarises our stance on lodgers for different tenancy types:
|Type of tenancy||Stance on lodgers|
|Starter tenancy||No rights to take on a lodger or rent out the whole, or part of, their property for any period|
|Assured tenancy||Must make a written request|
|Secure tenancy||Permitted but please ensure that we are notified for our records|
We will not withhold consent from tenants to take in a lodger providing their tenancy agreement allows them to do so, it does not result in overcrowding or any other breach of tenancy and a risk assessment has been completed if appropriate. We will respond with our decision in 10 working days.
Applications to rent out part of the property
Your tenancy agreement specifies whether you may seek permission to rent out any part of your property for any period (this includes any temporary or holiday lets, such as Air BnB or similar).
If your tenancy agreement allows subletting, you still must have written permission from us before subletting any part of your property, including all temporary or holiday lets.
If you have an assured shorthold tenancy, you generally have no rights to rent out the whole or any part of your property for any period (unless stated in your tenancy agreement).
Where a sub-tenant is renting the whole of a property, we will treat them as an unauthorised occupier and take legal action where necessary.
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.