As a Scottish Secure Tenant you have the right to apply to sub-let part or all of your home. However before you are able to do so:
- you must apply to your landlord for written permission;
- your landlord must give a good reason for any refusal;
- you must provide details of the sub-tenant and your own contact details while not living in the property;
- you must provide details of the amount of rent and any other payments (including a deposit) you propose charging (if any);
- you must provide the date of when you want to sub-let.
Some reasons for your landlord refusing your request to sub-let include:
- the rent or deposit or any other charge you are proposing to charge is unreasonable;
- your landlord has already served on you a legal notice warning you that they may seek an eviction order for reasons such as rent arrears or antisocial behaviour;
- your landlord has already obtained an eviction order against you;
- the person taking on the tenancy will be overcrowding the property.
New position from 1st November 2019
Changes to sub-letting from November 2019 will be:
- there will be a requirement that you the tenant must have been the tenant for at least 12 months before making an application to sub-let;
- If you have not been the tenant of the property for at least 12 months but became the tenant during that time, you may still be able to get permission to sub-let; so as long as you were living in the property for the 12 month period and you landlord was notified of this.