If you are a leaseholder and you would like to rent your home to someone else, this is called subletting. Your lease will specify if you are allowed to sublet your home, but you need to get written permission from us first.
It’s important to remember that if you sublet your home, you’re still the legal owner and so remain responsible for maintenance, as well as for the behaviour of your tenant and any service charges.
The quickest way to apply is via our online application form for subletting requests. Before submitting a subletting application please read the details below carefully.
Failure to gain our permission to sublet may result in a breach of your lease and we could take legal action against you.
What will you need to provide?
If you wish to sublet your property you need to complete our online subletting request form. In order for permission to be granted you will need to:
- Have a clear service charge and/or major works account or be on, and kept to, an agreed repayment plan.
- Provide a copy of a valid Landlord Gas Safety Record and Electrical Record
- Provide a copy of your bank or building society consent letter to the subletting if you have a mortgage on the property
- Have read, understood and agree to the details laid out in this section of this website
If an existing tenancy agreement with your tenant is renewed, we only require a copy of the renewal of the tenancy and a copy of the current gas safety certificate.
By subletting your property, you will:
- Become a Landlord
- As a Landlord you take on certain legal responsibilities. It is important that you check the most up to date government guidelines on the gov.uk website and you may also want to consider seeking your own independent legal advice on what this means for you.
- Continue to be responsible for paying your Ground rent and Service Charges
- You are responsible for paying the Ground Rent and Service Charges. We require a clear balance at the time of your subletting request. *This does not include any payment plan agreements
- Continue to be responsible for keeping us informed
- You must always inform us of the address to send legal correspondence to, including Service Charge certificates and Ground Rent demands.
- You are responsible for supplying and keeping us to up to date with telephone contact numbers for yourself in case of emergency and for access to the property.
- Be responsible for your sub-tenant and visitors to the property.
- You will need to make sure that your tenant(s) keeps to all the conditions which are in your Lease, All the restrictive covenants in your lease will apply whilst you are not living at the property (in the same way as if you were). Should there be a breach; SARH will seek remedy from you not your sub-tenant. This may mean taking legal action against you either by an injunction or an order forfeiting your lease.
- Be required to complete a Good Neighbour Agreement with your tenant/s
- A condition of our permission will require you to agree a Good Neighbour Agreement with your tenants. You are responsible for ensuring your tenant(s) keep to the Good Neighbour Agreement, supplied by SARH.
- Be required to provide your tenant/s with clear instructions about using the property.
- Including where your designated garden area is, its permitted use and if applicable the location of your allocated parking space(s) and bin stores.
- Reminding them to keep all communal areas clear and free from hazards. Please note that any costs incurred for removing your subtenants’ items will be recharged to you.
- Be responsible for requesting permission for your tenant/s to have pets in the property
- You should inform your subtenant(s) and Managing Agent if pets are permitted under the terms of the lease and what those terms are. Any previous permission granted to you as leaseholder does not transfer to the subtenant therefore you will need to resubmit a permission request for our consideration. As it is a clause in your Lease agreement you will still be responsible for any pets your subtenant(s) have within the property,
- Be responsible for communication with us.
- You should inform your subtenant(s) that SARH is not their landlord and therefore, will not communicate directly with them, this includes the reporting of Anti-Social Behaviour and for repairs to communal areas maintained by Housing Plus Group.
- Dependent on the circumstances, in the instance of Anti-social behaviour contact may be required with your subtenant (s) directly, you will be informed if these circumstances occur.
Key areas to consider before sub-letting your property
If you are subletting your property, you assume landlord responsibilities and you must be aware of your legal obligations. We have outlined some of the key things you should consider before you commit to sub-letting your property. It is important that you check the most up to date government guideline on the gov.uk website and you may also want to consider seeking your own independent legal advice on what this means for you.
If you have a mortgage on the property, we will require a copy of your bank or building society consent letter to the subletting. It may be a condition of your mortgage that you are living in the property and our consent cannot be given to sublet or your current mortgage arrangement may need to change with your providers. You will need to ensure this is in place with them.
Electrical and Gas safety
You are responsible for ensuring that all electrical and gas appliances supplied in your property are safe to use, maintained and serviced. We will require copies of the annual gas safety checks and electric safety certification to be supplied to us initially with your application and subsequently upon request.
You are responsible for fire safety within your property and from 1 October 2015 private sector landlords have been required to have at least one smoke alarm installed on every storey of their properties and a carbon monoxide alarm in any room containing a solid fuel burning appliance (eg a coal fire, wood burning stove). After that, the landlord must make sure the alarms are in working order at the start of each new tenancy. These requirements are enforced by local authorities who can impose a fine of up to £5,000 where a landlord fails to comply with a remedial notice.
You should seek advice from your home contents insurers. If you do not, any claim made in respect of contents insurance may be null and void.