Subletting if you are a tenant
This content applies to Scotland only.
Housing laws vary between Scotland and England. Get advice relating to England
If you want to take in a lodger or sublet your home, different rules apply depending on the kind of tenancy agreement you have. This section explains whether you are likely to be able to take in a lodger or sublet your home and what your responsibilities are as a landlord to your new tenant.
You can find out what kind of tenant you are here if you're not sure.
Taking in a lodger
A lodger is someone, other than a member of your household, who rents a room in your home and who may share the bathroom, kitchen and/or living room with you. You are only likely to be able to take in a lodger if you rent a whole house or flat from your landlord and you have a spare room.
Subletting your home
If you are a tenant and you rent the whole of your home to someone else, this is called subletting. The person who pays you rent is a subtenant.
Rent and deposits
The amount of rent you can charge your lodger or subtenant will depend on the amount of rent you yourself pay, and on what other landlords charge for similar rooms or properties in your area. In addition, you can ask your lodger or subtenant to pay a deposit.
Tenancy agreements
A tenancy agreement is a contract between you and your subtenant or lodger, setting out the terms and conditions of their stay in your property.
Landlord's responsibilities
If you take in a lodger or rent out your home, you will have responsibilities as the landlord. The rights of your tenant will depend on the type of tenancy they have.
What happens if my tenancy ends?
Your lodger or subtenant can continue to live in the accommodation as long as your tenancy continues. If your tenancy ends, your subtenant or lodger will have certain limited rights, depending on their situation.
