Subletting if you rent your home

Subletting means renting out your home to someone else when you're a tenant. This could be either a room or area of your home, or your entire home.

Get permission from your landlord before subletting.

You’ll have responsibilities as a landlord as well as a tenant. You do not have to register with the council as a landlord.

If you're subletting from someone who rents their home, you'll be a subtenant. Check our advice on your rights as a subtenant.

Before you sublet your home

Check if you can sublet

Check your tenancy agreement. It will say if you can sublet your home.

Usually you need your landlord’s permission. If you sublet without permission, both you and your subtenant could be evicted.

Check if it affects your tax or benefits

You might have to pay tax on any rental income you get from subletting. You can earn a certain amount tax-free if you rent a room in your home. Check:

Any benefits you get could also be affected. Check by:

The council tax must be paid by the liable person. To work out who is responsible, check who has to pay council tax on Citizens Advice.

Subletting if you rent from the council or a housing association

Write to the council or housing association to ask permission. Tell them:

who you want to sublet to
when they’ll move in
how much deposit and rent you’ll charge them

You should get a response within 1 month. Get any agreements in writing.

Your landlord can usually only refuse permission if they have a good reason. For example, they can refuse if subletting will make your home overcrowded or if you want to charge too much rent. They should tell you the reason in writing.

Create a tenancy agreement

Your subtenant will automatically have a common law tenancy. Give them a written tenancy agreement that outlines their rights and responsibilities.

If you live with your subtenant, this is sometimes called a lodger agreement.

Download a sample lodger agreement (pdf, 134 kb)

If you want to raise your subtenant’s rent

You must tell your landlord. They can refuse permission if they think the increase is too much.

Subletting if you rent from a private landlord or letting agent

Write to your landlord to ask permission. Get any agreements in writing.

Subletting a room or area of your home

Your subtenant will have a common law tenancy when:

you live in the same home as your subtenant
it's your only or main home
you were living there when your subtenant moved in

Give them a written tenancy agreement that outlines their rights and responsibilities. This is sometimes called a lodger agreement.

Download a sample lodger agreement (pdf, 134 kb)

Subletting your entire home

If you do not live with your subtenant, they’ll have a private residential tenancy.

You must give your subtenant a written agreement.

Create a private residential tenancy agreement on mygov.scot

Your responsibilities when subletting

Respecting your subtenant’s privacy

If you do not live with your subtenant, you cannot enter their home without their permission. Before you visit, you must give them advance notice of:

24 hours if they have a common law tenancy
48 hours if they have a private residential tenancy

If you live together, you and your subtenant may agree upon areas or rooms that only they use. This is called exclusive possession. You must not enter anywhere that your tenant has exclusive possession of without their permission.

Taking a deposit and making an inventory

You can ask for a deposit of up to 2 months' rent. You do not need to protect the deposit.

Make an inventory so your subtenant knows what items to look after.

Download a sample inventory (pdf, 218 kb)

Paying rent

You must continue to pay rent to your landlord, even if your tenant stops paying you.

Reporting repairs

You're responsible for reporting repairs to your landlord. You should report these as soon as your subtenant tells you about them.

Tell your subtenant who will do repair work and when it will be done.

Your tenant’s responsibilities

They must:

pay rent on time
take care of the property and keep it clean
tell you when repairs need fixed
give notice correctly if they want to move out

If you end your tenancy or you’re being evicted

Your subtenant’s rights depend on who you rent from.

If you rent from the council or a housing association

Your subtenant’s tenancy will usually also end.

They can ask to become the main tenant. The council or housing association does not have to agree to this.

If you rent from a private landlord or letting agent

If you had permission to sublet your home, your subtenant should be able to stay in the home and become the main tenant. Their tenancy should continue with the same terms.

Your subtenant could be evicted by your landlord if:

you did not have permission to sublet
you’re being evicted because of your tenant’s behaviour
you’re being evicted because your landlord needs the property back

If you're being evicted

Last updated: 1 November 2023