If you are going away from home, and do not want to leave your home empty, you may be able to sublet it. Before you go ahead with the sublet, you must first get our permission.
We cannot withhold our permission unreasonably. If we fail to respond to a request to sublet within 28 days of receipt of the application, the application is deemed to have been granted.
Subletting is where you enter into a formal lease agreement with someone to occupy the whole of your home for a specified period.
To request permission to sublet your property, you must write to us telling us the following:
Why you want to sublet your house (brief details)
If you wish to sublet for work reasons, please provide us with a copy of your contract of employment and any other relevant information explaining why you will need to be away from your current home
The name(s) and DOB(s) of the person(s) you wish to sublet to, along with their addresses for the past 5 years
The period you wish to sublet the property for (maximum of 12 months)
We will not refuse permission as long as you can meet these conditions:
The house must not be overcrowded by the people that you are subletting to
You must not owe us any rent arrears or money for housing repairs that have been your responsibility
You are charging a reasonable rent (which is no more than the rent we are charging you)
You must not have received any other payment from your sub-tenant apart from reasonable rent and a deposit
You must have intention to return
You can give us an address where we contact you when you are away from home
Further conditions of a sublet
If permission is granted, you can sublet the property for a maximum period of 12 months, and permission will not be granted for any period that exceeds this. We will contact you approximately 8 weeks before the sublet is due to end to remind you of the date you must recommence your occupancy of the property.
If you do not return to the property at the end of the period for which we have agreed the sublet, we may take action to end your tenancy and recover the property. (Abandonment would be served).
During the sublet period you are still the tenant of the property and are responsible for making sure that the terms of your tenancy are met. If the rent is not paid, or your Tenancy Agreement is broken in any other way eg noise nuisance occurs, we will take action against you as the tenant – not the person occupying the house. We will, of course, try to resolve any issues we have with the sub-tenant in the first instance.
You are responsible for making it clear to your sub-tenant that they have no rights to remain in the house beyond the time stated in their sub-tenancy agreement with you, and that we will have no liability to house them at the end of their lease. They can of course complete a housing application to join the Highland Housing Register.
You are also responsible for resolving any disagreements you may have with your sub-tenant. We will not get involved in making sure the sub-tenant leaves at the end of the occupancy, or earlier if you require it. That is your responsibility.
If you leave any of your own possessions in the home while you are subletting, it is your responsibility to ensure that your home contents insurance will still be valid.
We will continue to charge the same rent, and will hold you responsible for paying it.
If you were receiving housing benefit, you will not be able to make a claim while you are not living in the house. You should speak to The Highland Council or the Citizens Advice Bureau for further advice.
If one sub-tenant moves out, you must ask our permission again before subletting for another period.
If you are a sharing owner you will have to get permission from your mortgage lender as well.
We will not give you permission to sublet if:
we have served a notice telling you that we are intending to take action against you to recover the property or
we have an order from the Sheriff Court to evict you for a breach of your tenancy conditions.
Can I appeal if my request is refused?
A tenant has the right to appeal to the Sheriff Court if we refuse consent. The tenant would have to convince the Sheriff that the reasons given by the landlord for refusal were unreasonable. The Court must order the landlord to consent to the application unless he/she considers that the refusal is reasonable.