Subletting if you are a tenant

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.

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Setting up a tenancy agreement if you sublet your home

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.

Rent and deposits if you sublet your home

The rent you can charge depends on the rent you pay, and what other landlords charge for similar accommodation. You can ask for a deposit.

Taking in a lodger to be a subtenant

A lodger is someone, apart from 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. Check rules for taking lodgers.

Subletting your home

If you are a tenant and 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.

Your obligations as a landlord if you sublet your home

If you take in a lodger or are renting out a room in your house, you will have obligations 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 live in the accommodation as long as your tenancy lasts. If your tenancy ends, your subtenant or lodger will have certain limited rights, depending on their situation.

Last updated: 29 December 2014

Housing laws differ between Scotland and England.

This content applies to Scotland only.

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