The Housing (Scotland) Act 2014 changes the qualifying period to 12 months before you can sub-let your property (subject to exclusions). Please see our Housing (Scotland) 2014 Tab for further details.
Subletting is where you move out of your home temporarily, and let it to someone else. Legally you would still be our tenant and still have all your rights and responsibilities.
Under your tenancy agreement, the new temporary tenant becomes the ‘sub tenant’. You can sublet your tenancy with our permission. You must tell us that you want to sublet your home beforehand.
You should consider the following if you want to sublet your home:
- You will still be the legal tenant of the property and will be responsible for making sure the rent is paid on time
- You will be responsible for the behaviour of your sub tenant, in or around your home
- You must make a legal agreement between you and your sub tenant
- You will be responsible for any damage the sub tenant causes to the property
- It will be your responsibility to make sure that your sub tenant leaves when you want to return to your home, or if you intend to give up your tenancy
- We would agree the amount of rent and service charges the sub tenant will pay for a fixed period. We will need to agree any changes to these charges
- We will not give you permission to sublet your home if it means the property becomes overcrowded. Or, we will cancel our permission for you to keep subletting your home if the number of people living in your home changes and means the property becomes overcrowded
A lodger is a guest in your home, who pays you rent. You would continue to live in the property, and let a room out for rent. You cannot take in a lodger without our permission in writing beforehand, which we would not unreasonably refuse. If you are thinking of taking in a lodger, here are a few things you should consider:
- We will not give you permission if it means the property becomes overcrowded
- You will need to declare any payments you receive if you claim Housing Benefit, for example, because they will be classed as income
- You will be responsible for your lodger’s behaviour in, or around your home. It is your responsibility to make sure that the lodger leaves when you want them to, or if you want to end your tenancy
- If the number of people in your family increases you may not qualify to transfer, as the lodger moving out of your home would solve the overcrowding