Subletting your home

This content applies to Scotland only.

Housing laws vary between Scotland and England. Get advice relating to England

If you rent the whole of your home to someone else, this is called subletting. The person who pays you rent is a subtenant.

Why would I want to sublet my home?

You may wish to sublet your home because you need to go away for a period of time due to:

work commitments
family commitments (for example, to care for someone)
long term travel plans.

Can I sublet my home?

Whether or not your landlord will allow you to sublet your home will depend on the terms and conditions of your tenancy agreement. If you are married or in a civil partnership or if you are a joint tenant, you'll also need to get permission from your partner or the other joint tenant(s).

Scottish secure tenants and short Scottish secure tenants

If you have an SST or SSST you can sublet your home provided you have your landlord's written permission. If you move out of your home without your landlord's permission and don't intend to return, you may lose your tenancy rights. This is because you can only be a Scottish secure tenant or short Scottish secure tenant while the property is your only or main home.

Private tenants

Most private tenants are not allowed to sublet their homes. Your tenancy agreement will probably say whether subletting is allowed or not. If you do sublet your home without obtaining your landlord's permission and your landlord finds out about it but continues to take rent from you, you may be able to claim that they have accepted the situation. However, it's not advisable to sublet without getting permission, as your landlord could use it as a ground for eviction.

If you move out of your home without your landlord's permission and don't intend to return, you may lose your tenancy rights. This is because you can only be an assured or short assured tenant while the property is your only or main home.