Sub-letting your home - Lodgers and sub-tenants

A lodger is someone who shares your home, usually for payment. A sub-tenant is someone who rents the whole or part of your flat when you are not living there.  

You have the right to take in lodgers. You do not have to ask our permission, but you should let us know.

Lodgers have different rights from you. So if your mortgage lender or landlord repossessed your flat, they could be evicted.

You have the right to sub-let the whole or part of your flat but first you may have to get a deed (a kind of formal agreement) from the person you are letting to, promising to observe all the terms of the lease.

You should get a solicitor’s advice when preparing this document and be aware that you will be responsible for the Council’s legal costs in connection with it. At all times, you should ensure that your tenant does not breach the lease in any way, as any breach will be your responsibility.

If you have a sub-tenant, you become their landlord and you could be creating a tenancy.  You could have great difficulty making your sub-tenant leave if you wanted your flat back. You could also have difficulty selling your lease if you have a "sitting tenant".  Whenever you sublet you should take legal advice to prevent such difficulties. Ask a solicitor or an advice agency how to make sure you are legally protected.