A guide to subletting for leaseholders

A guide to subletting for leaseholders

Subletting is the term used for leasing or renting out part of your home to another person where there is already a lease in place between you and your landlord.  

Your lease specifies whether, with consent from Onward or Contour Property Services, you can sublet your home. Some leases use the word ‘underlet’ rather than sublet.  

Click the questions below for more information on subletting. 

How do I notify you of my intention to sublet?

You will need to submit the permission request form at the bottom of this page and email the following items to homeownership@onward.co.uk.   

  • A copy of the electrical safety certificate for the property 
  • A copy of the gas safety certificate for the property (if applicable) 
  • A copy of the tenancy agreement format you intend to use  

If you have not yet paid our fees, we will contact you to request payment.  

Your lease may specify that you need a deed of covenant before you can sublet, if this is required additional fees will apply. 

Do I need to notify anyone else?

There are several other agencies you will need to inform, including: 

  • Your mortgage lender, if you have a mortgage. 
  • Your contents insurance provider, as your policy may be invalid if you do not inform them of a change of occupancy.  
  • The freeholder, if this is not Contour Property Services or Onward Homes.  

There may be additional fees associated with registering your sublet with various agencies. 

What are my obligations and responsibilities as a landlord?

By subletting your home, you will become a landlord which is a big responsibility, and you will have obligations to your tenants.  

Before you sublet your home, you should thoroughly research the responsibilities you will have. We have provided some links below for resources you may find useful. You may also wish to seek independent legal advice from a qualified solicitor.  

Some of your responsibilities as a landlord include the following: 

  • You must ensure that the electrical installation and any electrical appliances you provide are safe, to reduce the risk of electrocution or fire. Electrical installations should be inspected and tested at least every five years and appliances more frequently, dependent on their type. For details on how to find a registered electrician, please visit esc.org.uk. 
  • You must ensure that the gas installation and any gas appliances you provide are safe. You should have a gas safe inspection every year. For details on how to find a registered gas safe engineer, please visit gassaferegister.co.uk. 
  • You must need to carry out an inspection of your property and look for any obvious hazards before the start of a tenancy. The accommodation must be in good repair, well-maintained, and capable of being effectively heated. Any safety hazards must be dealt with before commencement of a tenancy. 
  • You must ensure that there is a safe means of escape from the property in the event of a fire and that a suitable fire alarm system has been fitted. Each property is different, and you may need to carry out a fire risk assessment. 
  • If you own an apartment, you will be responsible for all repairs and maintenance to the interior. Some leases will also say you are responsible for the windows and the flat door. You must check your lease carefully to be clear on your responsibilities.  
  • You must report any repairs or maintenance that we are responsible for to us. 
  • If you own a house, you will be responsible for all internal and external repairs. 
  • If you take a deposit from your tenant, it must be protected through one of three government approved deposit protection schemes: 

What are my obligations as a leaseholder?

If you sublet your home, the terms, obligations and covenants within your lease still apply to you whilst you are not living in the property.  

This means that you remain responsible for all payments to Contour Property Services or Onward. You must also ensure that your tenant is aware of the terms of the lease and complies with all relevant clauses, as if your subtenant breaches the terms of your lease, for example by causing antisocial behaviour, it is you as the leaseholder who we will take action against.   

If you own a property that requires you to be of retirement age, to lease it, then this term will also apply to any tenant you let the property to.  

Your subtenant must not sublet the property, and you must ensure the property is not overcrowded. 

It is advisable that you sublet your home on similar terms to those outlined in your lease in the form of a tenancy agreement. If you are using a letting agent, they should be able to provide a tenancy agreement, but you may need to amend it to ensure it covers all of the terms of your lease.  

Is there anything I can do to ensure my sublet runs smoothly?

You should ensure that you obtain references for your tenant(s) from a previous landlord(s), as well as a character reference from their employer for example. We recommend that you use a reputable agency to carry out thorough checks.  

We would advise that you give clear instructions to your tenant about using your property, for example, ensuring that they: 

  • Know how to report repairs to you 
  • Know how to use fixtures and fittings within the property, such as heating systems, baths and showers, and window blinds or locks, providing instruction manuals where possible 
  • Know the arrangement for disposing of rubbish and bin collection days 
  • Have your contact information or those of your agent in an emergency 

Please note that you are legally required to give your tenants an address in England or Wales for mailing notices to you. 

I have already sublet my home without getting consent, what do I do?

If you have sublet you home without getting prior consent, this may be a breach of the lease terms. However, we may be able to grant retrospective consent to sublet.  

In order for us to check whether retrospective consent can be given you will be required to complete an application form and may have to pay a higher fee. 

If retrospective consent is denied you will have to serve notice on your tenant. 

My permission request was declined, why is this?

From time-to-time we may decline permission requests for subletting. This is normally due to one or more of the following reasons: 

  • You do not own your home outright, for example if you are a shared owner who has not staircased to 100% 
  • Your lease does not allow subletting 
  • You have previously had a subletting request denied or withdrawn 
  • You intend to offer short-term lets, for example Airbnb or lets for less than six months 
  • You have outstanding arrears with us 
  • An Antisocial Behaviour Order (ASBO) has been granted against you or someone in your home 
  • The property would be overcrowded if we allow the sublet 
  • The scheme you live in has been specifically designated for a particular client type and the prospective subtenant does not meet the criteria 

The above grounds for withholding permission are not exhaustive and we may refuse permission should we believe there are other grounds for doing so. 

If you do not normally have the right to sublet but you believe there are exceptional circumstances that we need to consider, you must make this clear at the point of application. 

 

To submit a permission request for subletting, please fill in the below form.

Leaseholder 1

Name(Required)

Leaseholder 2

Name(Required)
Address of Property(Required)
Please provide a current contact address including a UK postal address for correspondence and the serving of notices(Required)
UK Address if your contact address is outside the UK(Required)

NOTIFICATION OF INTENTION TO SUBLET PROPERTY

I/we intend to sublet my/our property, I/we enclose the following:(Required)

MANAGEMENT OF SUBLET

Please confirm how you intend to manage your sublet:(Required)

If you are letting the property via an agent, please provide their details.

Agent Address

Please note that we will only engage with the letting agent where you have provided written confirmation of the agents’ full name and contact details and have confirmed in writing that the agent can act on your behalf. We will never disclose information relating to your service charge account or monies owed in relation to your property to the letting agent. It is your responsibility to notify us if you change your letting agent or the terms or length of the tenancy agreement. Where the lease allows, we will charge a reasonable one-off admin fee every time you notify us of a change of letting agent. You will be required to pay this fee before we will engage with the letting agent in any way.

ABOUT THE PROPERTY

This information has been provided to help you to understand the responsibilities of becoming a private landlord. It is not intended as a comprehensive summary of the relevant legislation. You should seek independent legal advice if you have any queries.