How to apply
If you are a tenant and you wish to sub-let all or part of your home you must first get written permission from your landlord. We will only refuse consent where there are reasonable grounds for doing so.
Getting started
The written request for consent to sub-let must explain why the tenant will be absent on a temporary basis and give details of the rent and any deposit that they propose to charge for the sub-let. Tenants may not normally sub-let the property for a period of more than one year unless there are exceptional circumstances. A review of the permission to sub-let beyond one year will be undertaken to ensure that the tenant has the intention to return to their home and when this is likely to occur.
Advice
The tenancy remains in the name of the tenant at all times and sub-tenants cannot succeed to the tenancy. The sub-let is not a protected tenancy nor is it an assured tenancy.
The tenant remains responsible for the rent even though he or she may have come to an arrangement with the sub-tenant regarding the rent and other charges due for the house.
The tenant must also ensure that the sub-tenant does not behave in a manner that would constitute a breach of the Scottish Secure Tenancy Agreement.
Decision
River Clyde Homes will issue a decision on sub-letting your home within 21 days of the application being received. If we are unable to issue a decision within the agreed timescale we will write to you explaining the reasons for the delay.
Grounds for refusal
River Clyde Homes will not unreasonably refuse consent for you to sub-let your home. However the grounds under which we may refuse consent include the following:
- We have served a notice on you warning that we may seek eviction on certain grounds in terms of Section 14(2) of the Housing (Scotland) Act 2001.
- We have obtained an order for your eviction.
- We have obtained an ASBO against you, a member of your household or anyone who would reside in your home if permission was granted.
- You have rent arrears equivalent to one month’s charge (one twelfth of the annual amount payable or which was payable for a former tenant debt) and where an arrangement to repay this amount has not been adhered to for a period of three months. Permission will not be refused if you have technical arrears.
- The rent or deposit or other payment that you propose charging or any other terms of the agreement you propose to enter into is unreasonable.
- The proposed change would lead to overcrowding.
- We intend to carry out work on the house or on the building where the house is located and the work would affect the part of the house to be sublet.
General
If a request for permission is made about sub-letting your property, we will acknowledge your written request within 21 days. If we do not reply within a period of one month we are taken to have agreed to your request. If we refuse permission we will notify you in writing within one month of receipt of your application. If you are unhappy about our refusal you have the right to appeal to the Sheriff. We can provide you with information on how to do this
