Subletting Rules for Tenants in Scotland: A 2024 Guide

If you’re renting in Scotland and considering renting out your home (or part of it) to someone else, subletting can seem like an attractive option. But before you go ahead, it’s vital to understand how subletting works, how Scottish tenancy law treats it, and what permissions and paperwork are needed to protect your rights.

Can Tenants Legally Sublet in Scotland?

In Scotland, subletting is when you (as a tenant) rent out all or part of your property to another person (the ‘subtenant’). Whether you can lawfully sublet depends on your type of tenancy and your landlord’s permission, both of which are strictly regulated under Scottish law.

Permission from the Landlord

By law, tenants in Scotland must always get their landlord’s written consent before subletting or sharing occupancy of their home with another person. Even if your tenancy agreement doesn’t mention subletting, Scottish legislation requires this permission.

• Your landlord cannot unreasonably refuse a request to sublet.
• You should make your request in writing and keep records of all correspondence.

Which Types of Tenancy Can Sublet?

• Private Residential Tenancy (PRT): Most tenants in Scotland since December 2017 have a PRT. You may sublet part or all of the property only if you get your landlord’s clear written permission first. Details: Scottish Government’s Guide to PRTs.
• Scottish Secure Tenancies (Social housing): Council or housing association tenants must also apply in writing for consent. Social housing landlords may only refuse for certain reasons (e.g., overcrowding or legal issues). See official Scottish Government guidance on subletting social tenancies.

How to Request Permission: Required Forms and Process

For social housing tenancies (Scottish Secure or Short Scottish Secure Tenancy), there is a formal process and legally mandated forms:

• Sublet Application Form (No set form): There’s no mandatory national form for private tenancies, but many local councils and letting agents provide template letters. The key is to write to your landlord, clearly asking for sublet consent and detailing the proposed subtenant. Example scenario: If you’re a PRT tenant needing to move abroad temporarily, you’d write a letter or email to your landlord with your request, details of who would stay, and for how long. Template letter: Citizens Advice Scotland—How to sublet your home.
• Housing (Scotland) Act 2001: Section 32 Application (for social tenants): This applies to council or housing association tenants. You must apply in writing to your landlord. They then have 28 days to respond. Full details and a template application: Scottish Government Subletting Guidance.

If your landlord refuses your request, they must provide clear reasons in writing. If you disagree, you may challenge the decision using the tribunal system detailed below.

What Happens If You Sublet Without Permission?

Subletting without your landlord’s written consent is a breach of your tenancy agreement, and in Scotland, it could result in eviction proceedings—especially for social housing tenancies. Landlords are entitled to take legal steps to recover their property if you breach these rules.

If you’re unsure, always seek clarity before proceeding, and never accept payment or allow someone to move in until permission is documented.

Your Rights When Subletting in Scotland

• You remain legally responsible for the tenancy, rent, and any breaches caused by your subtenant.
• Your landlord can still evict you for reasons allowed by law—even if your subtenant is in place.
• If you live elsewhere, you may lose rights as a sole tenant, so always check the possible consequences first.

If you are a subtenant, you usually have fewer legal protections than someone with their own formal tenancy. Seek advice if you are thinking about moving in as a subtenant.

Relevant Scottish Legislation

• Private Housing (Tenancies) (Scotland) Act 2016 (for PRTs)
• Housing (Scotland) Act 2001 (for council/housing association tenancies)

The above laws control whether, and how, tenants may sublet. Specific rules are set out in your tenancy agreement and Scottish legislation.

FAQ: Subletting in Scotland

1. Can I sublet part of my home if I live there too?
   Yes, but you still must get your landlord’s written permission. Whether you sublet a room or the whole property, permission is legally required in Scotland.
2. What if my landlord ignores my request to sublet?
   If your landlord does not reply within a reasonable period (usually 28 days for social tenancies), you should send a reminder. If you still get no response, you may seek advice or apply to the First-tier Tribunal for Scotland for help.
3. Is it different if I rent from a council or housing association?
   Yes, as a social tenant your landlord cannot unreasonably refuse your request, but you must follow strict application rules. Full details are on mygov.scot’s subletting guidance.
4. Do I need a separate tenancy agreement with my subtenant?
   It’s a good idea to have a written agreement, but it does not replace your responsibilities to your landlord. You are still the main tenant legally responsible for the flat.
5. What happens if I sublet without telling my landlord?
   Your landlord may start eviction proceedings, and you could lose your tenancy. Always apply for written consent before subletting.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – for tenancy disputes and subletting challenges
• Citizens Advice Scotland: Subletting your home – step-by-step renter guidance
• Scottish Government: Subletting Guidance
• Shelter Scotland: Tenancy Rights

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1. Private Housing (Tenancies) (Scotland) Act 2016, Part 2
2. Housing (Scotland) Act 2001, Section 32
3. First-tier Tribunal for Scotland (Housing and Property Chamber)
4. Scottish Government: Subletting Guidance

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