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Subletting your home

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

Why would I 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 a Scottish secure tenancy or a short Scottish secure tenancy 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 do sublet your home, you will have to register as a landlord.

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.

What tenancy status would a subtenant have?

Scottish secure and short Scottish secure tenants

If you have a Scottish secure tenancy or a short Scottish secure tenancy, your subtenant will be a common law tenant.

Private tenants

If you are a private tenant, your subtenant will probably one of the following types of tenants:

If the tenancy started between 2 January 1989 and 30 November 2017

If the tenancy started on or after 1 December 2017 your subtenant will be a private residential tenant.

If the tenancy started before 2 January 1989 your subtenant may be a regulated tenant.

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The important points

  • 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 have a Scottish secure tenancy or a short Scottish secure tenancy you can sublet your home provided you have your landlord's written permission.
  • Most private tenants are not allowed to sublet their homes. Your tenancy agreement will probably say whether subletting is allowed or not.

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