Can A Tenant Sublet Their Council House?
By
HuutiMoney
If you want to know whether or not a tenant can sublet their council house, you will find the answer to this question in the following blog post, as well as detailed guidance on some important factors to consider when you intend to sublet your council house.
Can A Tenant Sublet Their Council House?
Yes, a council housing tenant can sublet their council house; only if they fulfill the below-listed conditions:
- they have a secure tenancy agreement with the council
- they have written permission from their local council office
- they are sub-letting a portion or a room of the council house
- the council house does not become overcrowded
- they continue to use the council house as their main residence
It is important to understand that these conditions are interdependent. For instance, a tenant cannot sublet their council house just because they have a secure tenancy agreement. They will still need to seek permission from the council authorities, continue living in the council house as their main home and will only be able to sublet a room or a portion of their council house; while making sure that it is not being overcrowded.
However, under rare circumstances and if their council authorities permit, tenants can sublet their entire council house for a specified time period. One of such examples is if the council housing tenant is going abroad, moving to another city, being placed in a care facility or prison.
If a tenant qualifies to be eligible for subletting their council house, they can simply file an application with their local council office. In fact some council authorities have made the application process conveniently available on their website so that interested tenants can easily apply online.
What Is The Tenant’s Responsibility If They Sublet Their Council House?
Even if the local council authorities grant permission to a council housing tenant to sublet the council property that they are living in, there are no changes to the tenant’s responsibilities towards the property as well as the council.
This means that the tenant will still remain the main point of contact for the council when it comes to matters pertaining to the council house, they will still be primarily responsible for making rental payments to the council and maintaining the property and will be liable for council tax payments.
What Happens If A Tenant Sublets Their Council House Without Permission?
If a tenant is not granted permission from their local council office or they don’t attempt to seek permission from the authorities and sublet their council house, they will end up facing severe consequences of such an action.
Firstly, both the tenant and the person they’ve sublet the council house to will be evicted from the property by the local council authorities.
Secondly, the tenant will be charged with tenancy fraud. This means that once the matter goes to court they can be fined up to £50,000 or face up to 2 years in prison.
Conclusion:
The above discussion helps to conclude that a council housing tenant can sublet a room or a portion of the council house that they are living in but (a) they need their local council’s permission and (b) need to meet the qualifying conditions.
References:
Council housing fraud – GOV.UK
Sub-letting your home | Your council tenancy | The Highland Council