Subletting Rules for Social Housing Tenants in Scotland

If you’re a social housing tenant in Scotland and considering subletting your property, it’s important to understand both your rights and legal obligations. Social landlords—including local councils and housing associations—have strict rules about subletting. Knowing the right process protects you from unintentional breaches of your tenancy agreement and helps you avoid legal trouble.

What Does Subletting Mean in Social Housing?

Subletting means renting out all or part of your home to someone else while you remain the legal tenant. In social housing, this could be for a short time—such as going abroad for several months—or on a longer-term basis. If you fail to follow the correct rules, this is known as ‘unauthorised subletting’ and can risk eviction.

Rules for Subletting a Social Housing Property in Scotland

Scottish law sets out clear procedures you must follow. Tenants cannot sublet without written permission from their landlord. The relevant law is the Housing (Scotland) Act 2001 (Section 32), which covers tenants of local authority and housing association homes.^[1]

• You must be the tenant of the property and have lived there as your only or main home for at least 12 months before applying to sublet.
• You must apply in writing to your social landlord, clearly stating your reasons and providing details of the proposed subtenant.
• Your landlord can only refuse permission for specific legal reasons (such as overcrowding, or if the subtenant is unsuitable).

How to Apply: Forms and Procedure

Most social landlords in Scotland require a formal written application. There is no single national form, but each council or housing association should provide an official sublet application form. For example:

• Edinburgh Council Sublet Application – Use the “Application for permission to sub-let” form.
  Example: Edinburgh Council Sublet Application form
• Glasgow Housing Association Sublet Request – Use the custom form provided by your local office. See Wheatley Homes Glasgow guidance.

When to use: If you want to let someone else live in your home while you are absent—temporarily or longer-term—complete the landlord’s sublet application form and submit it before anyone moves in. Provide supporting evidence as required (for example, proof of residency, details of the subtenant, and your reason for subletting).

What Happens Next?

• Your landlord has one month to reply in writing to your request.
• If permission is refused, they must give clear legal reasons (for example, if the property would become overcrowded).
• If you disagree with their decision, you have the right to appeal—see the next section for details.

Appealing a Decision: The First-tier Tribunal for Scotland (Housing and Property Chamber)

If your landlord refuses permission for subletting and you feel this is unfair, you can challenge the decision. This is handled by the First-tier Tribunal for Scotland (Housing and Property Chamber), which deals with housing disputes between tenants and social landlords.^[2]

• Gather all correspondence and official forms related to your subletting request.
• Apply to the Tribunal if you believe the refusal does not meet the conditions set out in Section 32 of the Housing (Scotland) Act 2001.

The Tribunal will review your case and decide whether your landlord acted lawfully.

Common Legal Risks of Unauthorised Subletting

Subletting without written consent from your social landlord can have serious consequences:

• Eviction proceedings
• Loss of your tenancy rights
• Being reported for housing fraud

Staying within the legal process protects both you and your home.

FAQ: Subletting Social Housing in Scotland

1. Can I sublet my council house in Scotland?
   Yes, but only if you have lived there for at least 12 months and you obtain written permission from your social landlord before subletting begins.
2. What happens if I sublet my social housing property without permission?
   Your landlord could start eviction proceedings, and you could lose your tenancy rights and be investigated for housing fraud.
3. How long will my landlord take to decide on my subletting request?
   By law, your landlord must respond in writing within one month of receiving your sublet application.
4. Where can I appeal if my subletting application is unfairly refused?
   You can appeal to the First-tier Tribunal for Scotland (Housing and Property Chamber), which hears disputes about social housing tenancies.
5. Is there a national sublet application form for Scotland?
   No, each social landlord (such as your local council or housing association) should provide their own approved sublet application form.

Key Takeaways

• Written permission is always required before subletting your social housing property in Scotland.
• Use your council or housing association’s official form and provide all the necessary details.
• You can appeal landlord refusals through the First-tier Tribunal for Scotland (Housing and Property Chamber).

Following the legal process safeguards your rights and reduces the risk of eviction or tenancy loss.

Need Help? Resources for Renters

• mygov.scot: Subletting Scotland council housing
• First-tier Tribunal for Scotland (Housing and Property Chamber) – apply for help or appeal decisions
• Shelter Scotland: Advice and Support Services
• Contact your local council's housing office for the specific sublet application forms and guidance

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1. [1] Housing (Scotland) Act 2001 – official legislation
2. [2] First-tier Tribunal for Scotland (Housing and Property Chamber)

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