Subletting is essentially when you let a part or the whole of your property to another person, who effectively then becomes a sub tenant.
Before applying for permission to sublet your home you must have been the tenant of the property throughout the 12 months immediately prior to the date you apply for permission.
If you were not the tenant throughout that period, the house must have been your only or principal home during those 12 months; the person who was the tenant at that time must have notified the landlord that the person who is now the tenant was living there. The 12-month period does not start until the landlord has been notified. An example of this could be where the tenant was not the tenant throughout the previous 12 months but has during this period succeeded to the tenancy and immediately wants to sublet it.
Customers wishing to sublet their property must first apply in writing to Trust and provide all information required by Trust to consider the request, this typically includes:
- details of the proposed transaction including details of the subtenant, and any other persons who will be occupying the house
- details of any payment which has been or is to be received by the tenant in consideration of the transaction
- the date the tenant wishes the transaction to take place
- a copy of the proposed sublease between the tenant and subtenant
Trust must give its written consent or refusal to you within 28 days from the date all the information required for an application has been received. In the case of a refusal, we will always explain why we have been unable to approve your request.
Any sublet will only be granted for an initial period of up to six months.
Requests to renew the sublet will be considered at Trust’s discretion and may be granted for up to a further six months, depending on the individual circumstances.
After the initial six-month period, a maximum of two extensions of up to six months will be permitted, up to a total maximum of 18 months. However, in line with its obligation towards meeting housing need, Trust must continue to be satisfied that the principal tenant has every intention of returning to the property.
Trust will consider all written requests from tenants to sublet their property. Consent will only be withheld if there are reasonable grounds for doing so.
Reasonable grounds for refusing consent, as highlighted in Section 32 Subsection (3) of the Housing (Scotland) Act 2001, include the following:
- the tenant has not lived in their property for at least 12 months prior to the submission of their application.
- Trust has served a notice of proceedings for recovery of possession on the tenant, specifying one of the grounds 1 to 7 in Schedule 2 of the Act.
- an order for recovery of possession has been made against the tenant.
- the rent or deposit that the tenant proposes to charge is unreasonable.
- it appears that a payment, other than a reasonable rent or deposit, has been or is to be received by the tenant in consideration of the subletting.
- the proposed transaction would result in the property being overcrowded.
- Trust intends to carry out work on the property which would affect the part of the house connected with the proposed transaction.
In addition, other grounds which may lead to Trust reasonably withholding its consent include, but are not limited to, the following:
- the property is found to be in an unacceptable condition due to tenant damage or neglect (however, in such a case, the tenant would be given the opportunity to make good any damage at their own expense and then have their application reconsidered).
- the tenant has an outstanding debt to Trust for arrears of rent, rechargeable repairs or any other debt related to their occupancy of the property
- the terms of the proposed subletting agreement are unreasonable.
- there has been an anti-social behaviour order (ASBO) granted against the tenant or a member of their household, or the proposed subtenant has a current ASBO against them or was previously evicted for antisocial behaviour.
- there are factors relating to the tenant or proposed subtenant which, were they to make a direct application for housing, would give Trust grounds to suspend them from receiving an offer under the terms of its allocations
- the property was provided by Trust in connection with the tenant’s employment with Trust;
- the property is part of a scheme specifically designed for persons with specific needs, or designated for a particular client group, and the proposed subtenant does not meet the criteria.