Lodgers and subtenants policy

This page provides a quick summary. For full detail, please read the full policy below.

This policy explains how we handle requests from residents who want to have a lodger or subtenant live in their property. We want to deal with these requests fairly and quickly while making sure we follow the law and protect everyone's rights.

This policy applies to general needs and care & support tenants, as well as shared owners and leaseholders. If you live in temporary housing, key worker accommodation or student lets, you cannot sublet your home or take in a lodger.

Key definitions

A house sitter is someone who looks after your property while you're away from it.

A lodger is someone who shares all the facilities of your home and doesn't have exclusive use of any part of it. They have a licence agreement with you.

A subtenant is someone who has exclusive rights to part of your property. They have a tenancy agreement with you.

Taking in a lodger

Whether you can take in a lodger depends on what type of tenancy agreement you have.

Secure tenants have the right to take in a lodger and don't need our permission, but should tell us the lodger's name.

Assured non-shorthold tenants have the right to take in a lodger but should check their tenancy agreement to see if they need our written consent first. We won't unreasonably refuse this.

Assured-shorthold tenants should check their tenancy agreement to see if they have the right to take in a lodger with our written consent.

Residents in short-term accommodation (normally up to two years), where the service is part of a recovery pathway or meets specific needs like learning disability or mental health support, or those with licence agreements cannot take in a lodger.

Leaseholders can generally take in a lodger if they follow the other terms of their lease.

If you're allowed to take in a lodger, we'll consider giving permission to offer a spare bedroom to people under the Homes for Ukraine scheme or other refugee resettlement schemes, subject to checks.

Subletting all or part of your property

Secure and assured tenants have the right to sublet part of their property but must get our written consent first. We won't unreasonably refuse this.

Assured shorthold tenants (including those on probationary tenancies) are not allowed to sublet any part of their property. If your tenancy agreement says otherwise, you must ask for written permission.

Residents in short-term accommodation or those with licence agreements cannot sublet their property.

Leaseholders should check their individual lease terms. Where we have discretion, we won't unreasonably refuse consent. We may charge an administration fee where the lease allows this.

When we'll refuse permission

We'll refuse consent if taking in a lodger would cause overcrowding, if major works are planned that will affect the lodger's area, if you're subject to a possession order, if the proposed lodger or subtenant has anti-social behaviour issues, or if it wouldn't be appropriate for them to live with you given the type of housing or scheme.

When written consent is needed, we ask for details including names, genders, ages and family composition of proposed lodgers or subtenants, information about rent amounts, and which part of the property they'll occupy. We also ask for a copy of the lodger or tenancy agreement to help us detect fraud.

If we refuse consent, we'll explain our reasons in writing. We aim to respond to requests within 10 working days.

Shared owners

We consider allowing shared owners to sublet all (but not part) of their property when they can't live there due to caring responsibilities, needing to relocate for work, or being serving members of the armed forces posted at least 50 miles away or 90 minutes travelling time for a fixed period.

In exceptional circumstances such as building safety work, lack of EWS1 certification, during remortgage or sale processes, or negative equity situations, we may grant permission to sublet for up to 2 years and extend if necessary.

Permission is usually granted for an initial fixed period of up to 12 months. At the end of this period, you must return to live in the property unless we agree otherwise. You must provide us with your alternative address and any other conditions we specify.

Full leaseholders

Depending on your lease terms, you might need our consent to sublet all or part of your property. Where the lease allows subletting or is silent on the matter, consent isn't required. Where consent is needed, we may give it unless it's reasonable not to.

If we grant consent, the subtenant must have a formal tenancy agreement that reflects your lease terms. If the subtenant breaks the lease terms, we'll take action against you as the leaseholder. You remain our main contact, not the subtenant, and you must provide us with your alternative address.

Holiday lets

If you want to let your property as a holiday let through Airbnb or similar services, we consider this running a business from home, which requires written permission. We refuse permission for this type of business.

Using your property for commercial holiday letting is considered a breach of your residential lease regardless of what the lease says, and would also breach buy-to-let mortgage conditions and landlord insurance terms.

Home insurance

Taking in a lodger might affect your insurance policy and could invalidate it, as insurers may see lodgers as an extra risk. Both you and your lodger are responsible for getting appropriate insurance and understanding what's covered.

House sitters

If you have permission to be away from your property for a long period under our absent tenants policy, you can have a house sitter stay while you're away. We may ask for their name, age and gender so our staff can identify them during visits.

If you haven't asked for consent

Tenants: If we discover you've taken in a lodger or subtenant without permission, we'll consider giving consent retrospectively. If we refuse permission but they continue living there, we may take action for breach of tenancy and seek possession of the property.

Shared owners: If we discover you're subletting without permission or after a licence period has ended, we'll consider this a breach of your lease and may take enforcement or legal action. We'll consider giving consent retrospectively depending on the circumstances and whether you meet the criteria for subletting.

Leaseholders: If we discover subletting without consent and against lease terms, we reserve the right to take legal action. Where subletting is permitted but consent wasn't obtained, we'll consider giving consent retrospectively.

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