Your lease will tell you whether or not you are allowed to sublet your home, but as a general rule, shared ownership leases (including those with restricted staircasing rights) will not allow subletting. This is because shared ownership schemes are designed to support home ownership for people who can’t afford to buy a home on the open market. We are, however, able to consider subletting in exceptional circumstances.
Outright leaseholders will usually be allowed to sublet their homes as a single family home without restriction, but it is your responsibility to check your lease to confirm this is the case. If you need assistance with this please contact a member of the Home Ownership Team.
Short term lets
Short term lets, such as Air BnBs, are not permitted in any of our properties under any circumstances, as these can be disruptive for your neighbours and can exacerbate wear and tear in communal areas. Short term lets are not considered residential use of a property, they are business use and therefore are a breach of your lease. Where we are made aware of properties being sublet on short-term agreements we’ll take steps to stop this.
Shared ownership leases
Shared ownership leases do not usually permit subletting, but in exceptional circumstances we may be able to consider an application on a short-term case-by-case basis. Some of the circumstances where we may do so include:
- Where the shared owner is required to relocate for work or to care for a family member, and it is not practical to continue living at the property
- Where the shared owner is a serving member of the armed forces whose duties require them to serve at a distance from the property
- Where the leaseholder cannot sell the property because it is worth less than any mortgage secured against it
- Where the shared owner is suffering from domestic violence, racial or other forms of harassment
- Where building safety issues prevent the shared owner from disposing of the property
Applying for consent to sublet
If you need to apply for consent to sublet your property you should speak to a member of our Home Ownership Team, who will outline the process that you will need to follow and the information we will need to review your application. There will be an Administration Fee payable, and once approved we will issue you with a Licence to Sublet for a set period of time. Towards the end of an approved subletting period we’ll then write to you to outline your options.
Your responsibilities if you a re subletting
If you are subletting your property you remain responsible for compliance with the terms of your lease, ensuring that your tenants comply with those terms, and dealing with any breaches committed by your tenants. You are also responsible for ensuring that any rent or service charge payments due to us are made.
As well as being the tenant of a lease with Housing Solutions, you’ll also be the landlord of a tenancy agreement with your sub-tenants; this may mean that you have additional legal obligations to obtain gas and electric safety certificates, or to ensure your tenants have a right to rent in the UK.
If you are considering subletting we strongly recommend getting independent legal advice to understand the requirements you must meet.
