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.
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.
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.
Write to the council or housing association to ask permission. Tell 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.
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.
You must tell your landlord. They can refuse permission if they think the increase is too much.
Write to your landlord to ask permission. Get any agreements in writing.
Your subtenant will have a common law tenancy when:
Give them a written tenancy agreement that outlines their rights and responsibilities. This is sometimes called a lodger agreement.
If you do not live with your subtenant, they’ll have a private residential tenancy.
You must give your subtenant a written agreement.
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:
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.
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.
You must continue to pay rent to your landlord, even if your tenant stops paying you.
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 subtenant’s rights depend on who you rent from.
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 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:
Last updated: 1 November 2023
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This content applies to Scotland only.