Housing Allocations Policy

Subletting

Legal Background

The law relating to subletting is set out in Part 2, Section 32 and schedule 5 of the Housing (Scotland) Act 2001 (the Act)

Applying/Making a Decision

A tenant who wishes to sublet his/her property shall apply using the official form available from any of the Area Offices.

A tenant shall not sub-let his/her house (or any part of it) without the Council's written permission.

The Divisional Housing Manager shall make a decision within 1 month of receipt of the application. The Divisional Housing Manager shall give his/her reasons if the request is refused.

When Might a Request be Refused?

The Divisional Housing Manager is unlikely to give permission to sublet in any of the following circumstances:

Debt to the Council
Where the tenant owes any tenancy related debt to the Council, including: current tenant arrears; rechargeable repairs; replacement fittings; or court costs.

Overcrowding
Where the proposed sublet would lead to overcrowding, as defined in the section 'Overcrowding'

Previous Unsatisfactory Tenancy
Where the proposed sub-tenant has previously been a tenant of the Council, and, still has outstanding housing debt in respect of that tenancy, or, in the opinion of the Council has been an unsatisfactory tenant.

Right-to-Buy
Where the tenant has applied to purchase his/her property.

Major Repair Work
Where repair work is scheduled during the period of the sublet and decanting the sub-tenant would be necessary, or, where modernisation or re-modernisation of the property is scheduled to be carried out.

Condition of House/Garden
Where the tenant has not maintained his/her house or garden to a satisfactory standard.

Proceedings for Possession
Where a notice under section 14(2) of the Housing (Scotland) Act 2001 has been served on the tenant or an eviction order has been granted.

Anti-Social Behaviour
Where the tenant or a member of his/her household is subject to an investigation of anti-social behaviour.

Excess Number of Bedrooms
Where the proposed sublet would lead to under-occupation, as defined in 'Under-Occupation'. The Area Housing Manger who will take into account the rules set out in 'What size of Accommodation can be chosen?'

Conditions of Subletting+

Length of the sublet
The Council shall grant permission to sublet for an initial period of six months. The Council may allow a further sublet of six months. The Council shall not grant more than one extension per sublet.

Amount of rent/deposit to be charged
The rent charged shall be no more than the rent charged by the Council for the property under a secure tenancy.

The tenant may require the sub-tenant to pay a returnable deposit as a security for gas, electricity and telephone accounts and against damage to the house, or its contents. The deposit shall be no more than four fortnightly rent payments charged by the tenant or the sub-tenant.

Rent Payments/Conditions of Tenancy
The tenant shall be responsible for paying rent to the Council and for ensuring that the terms of the tenancy agreement are adhered to during the sub-let.

Occupation of the property
The house shall be occupied by the sub-tenant and those members of his/her household notified to the Council at the commencement of the sub-let.

Increase in Rent
The tenant shall obtain the written permission of the Council for any proposed increase in the amount of rent charged to the sub-tenant.

The rent charged shall not exceed the amount charged by the Council for the property under a secure tenancy.

Change in Circumstances
The tenant must inform the Council of any change in circumstances relating to the sub-let.

End of Sublet
The tenant shall inform the Divisional Housing Manager in writing not less than 2 months before the sub-let is due to end, confirming whether or not he/she intends to return to the property. If the tenant does not contact the Council, the Council may start legal action to recover possession of the property.