Currently, some social housing tenants hold permission from us to sublet part of their home. Ahead of tenancy reform changes happening from 1 May 2026, any permission to sublet should be considered withdrawn.
Why has the policy changed?
On 1 May, the Renters Rights Act will come into force for private renters. This means that any fixed term tenants will become assured ‘lifetime’ tenants. Landlords, including tenants who sublet, will no longer be able to evict a tenant at the end of a fixed term by issuing a Section 21. Instead, private landlords will only be able to end a tenancy by giving their tenant a notice under Section 8 of the Housing Act 1988.
This means that private landlords will need to have a reason for ending a tenancy and will need to use the grounds for possession which apply on or after 1 May 2026. They will need to give evidence to the court to prove the grounds for possession if the tenant does not leave by the end of the notice period.
If we have previously given you permission to sublet, this would have been on condition that a fixed term tenancy was issued to the subtenant. Once fixed term tenancies are abolished, this condition can no longer be met.
Will I have to ask my subtenant to leave?
You will have to issue your subtenant with a section 21 notice. However, you can make a request to have a lodger stay with you in your home. This is a similar arrangement, although there are important differences. For example, your lodger will not be able to have a lock fixed to their bedroom door.
Please contact your local officer if you are currently subletting with our permission and want to discuss your options. If you do not contact us to request new permission and continue to sublet from 1 May 2026, you will be in breach of your tenancy agreement. However, we can discuss your options with you should this situation occur.
