frequently asked questions about subletting

Can I sublet my property?

You don’t need our permission to sublet (that is, rent) your property out to someone else, but you will need to register the sublet with Homes for Haringey’s Home Ownership team, within one month of subletting. The Home Ownership team will then notify the council’s Insurance Section that the property is being sublet.However if you have a mortgage you will probably need to get your mortgage lender’s permission to sublet. It is your responsibility to get this.

We also recommend that you get independent professional advice from a solicitor or managing agent on your rights and duties as a landlord before you sublet your property.

Why do I have to register the sublet with you?

We have to take overall responsibility for the safety and security of the building your flat is in. We also have to take action to reduce the likelihood of anti-social behaviour. It is therefore important for us to know which properties are being sublet and to have contact details for both you and your tenants. We must be able to contact you and/or your tenants in emergencies to minimise any problems (for example, fires or water leaks). All correspondence, notices and bills for your attention must also be sent to the correct address otherwise legal action may be taken against you without your knowledge. And we must be able to contact you or the managing agent/housing association (if applicable) if there are any problems with your tenants.

You also need to register so that the buildings insurers are aware the property is being sublet, otherwise any claim you make on the buildings insurance policy may be invalid.

How do I register the sublet?

You must fill in a registration form and send it to the Home Ownership team. Registration is free and you can get a sublet pack (including a registration form) from:

Home Ownership team
13-27 Station Road
London
N22 6UW

Tel: 020 8489 3357 or 020 8489 3653
Fax: 020 8489 1998
Email: right2buy@homesforharingey.org

Do I have to register if I rent my property to members of my family?

Yes, because we still need to know who is living in the property and yours and their contact details.

Do I have to register if I rent my property back to the council?

Yes, it will still be classed as subletting as you will be granting a short-term tenancy to the council.

What if I don’t register the sublet?

If you refuse to register your sublet, the council will enforce the lease terms against you. This will mean that when you sublet and each time that your tenants change you will have to provide us with a certified copy of the tenancy agreement, obtain a direct deed of covenant between the council and your tenants, and pay an administration fee of £100 (fee correct as at August 2006)

What are my responsibilities under the lease if I sublet?

The lease will still be in your name so even though you may not be living at the property, you must make sure that the terms and conditions of the lease are followed. This means that you are responsible for both the property and the way that your tenants, their household and visitors behave. This is irrespective of any agreement that you may have with your managing agent or tenant. If any of the terms of the lease are breached the council will take legal action against you.

What sort of tenancy agreement should I have with my tenants?

To protect your investment in the property you must have a formal tenancy agreement with your tenants which includes all of the conditions that apply to you as leaseholder under the lease. Your tenants will then be legally bound to behave responsibly (such as not storing gas canisters in the flat) and not to cause any nuisance or harassment in the flat, the shared (communal) parts of the building or in the surrounding area. For example, if your tenants committed antisocial behaviour which affected other residents you would have the protection of the tenancy agreement to take action against your tenants to evict them.

We will soon have available for leaseholders some key clauses which you should include in your tenancy agreement, together with a specimen tenancy agreement which provides safeguards for leaseholders as it reflects the terms of the lease.However, we would advise you to get independent professional advice from a solicitor before entering into any tenancy agreement.

What about service charges?

As the leaseholder, you will still be responsible for paying service charges, ground rent and buildings insurance. If payments are not made, the council will take legal action against you, not your tenants.

Will my buildings insurance premium increase if I sublet?

No, not if you comply with the conditions of the buildings insurance policy. These conditions include the following:

the property is let for 6 months or more;
·the sublet is managed by an agent who holds a deposit against loss or damage;
·there is an assured shorthold tenancy agreement between you and your tenant(s) which conforms with the appropriate legislation;
·the sublet is a single let (for example, to a family), not a multiple let (for example, to a group of students).
If you don’t meet these conditions, your insurance premium may be increased. Also, if the property is unoccupied for a period of 30 days or more, cover will be restricted to fire only so you will not be covered for water damage (e.g. burst pipes or flood), theft, attempted theft or malicious damage.
If you have any queries about your insurance policy please contact the Insurance Section on 020 8489 3610.

What about my home contents insurance?

You must check with your insurers whether your policy will provide cover if you sublet and make arrangements to extend the cover if it does not.

What if I get new tenants or my contact details change?

You must notify the Home Ownership Team immediately so that we can update our records.

Who is responsible for gas safety in the flat?

As a landlord, you will have responsibilities under the Gas Safety (Installation and Use) Regulations 1998. You will be legally responsible for making sure that the gas appliances, pipe-work and flues in the flat are safe and well maintained. You must arrange for a gas safety check to be carried out by a CORGI registered gas engineer each year and give your tenants a copy of the gas safety check record (CP12). You must also give your tenants a copy before they move in. Failure to meet these gas safety requirements can lead to criminal prosecution resulting in a large fine or possibly even imprisonment.

For more information on gas safety and your responsibilities as a landlord, you can visit the Health and Safety Executive’s website at www.hse.gov.uk or call the gas safety advice line on 0800 300 363. You can also get a free copy of the Health and Safety Executive leaflet ‘A guide to landlords’ duties: Gas Safety (Installation and Use) Regulations 1998’ by contacting the Home Ownership Team.

What other landlord’s responsibilities will I have?

You must make sure that any electrical appliances that you supply are safe to use.

You will be responsible under the Landlord and Tenant Act 1985 for repairs to heating and hot water installations; baths, sinks, basins and other sanitary installations; and other parts of the flat or installations in it which you own or control and whose disrepair would affect your tenants.

All furniture and furnishings that you supply must meet the fire resistance requirements in the Furniture and Furnishings (Fire) (Safety) Regulations 1998. More information can be found on the Department of Trade and Industry’s website at www.dti.gov.uk

Where else can I get information and advice about subletting?

The council’s Prevention and Options Service (previously known as Homelessness and Housing Advice) gives information and advice to landlords on their responsibilities, setting up and ending tenancies, housing benefit issues, problem tenants, grants and local letting schemes. The service is based at: Apex House, 820 Seven Sisters Road, London N15 5PQ

Tel: 020 8489 4309

Email: housingp& o@haringey.gov.uk

The council’s Housing Supply Team deal with queries about letting your property back to the council (tel 020 8489 4726) and grants to repair empty properties (tel: 020 8489 4214). They are based at:

Apex House
820 Seven Sisters Road
London N15 5PQ
Email: housing.supply@haringey.gov.uk

However, please note that the council is currently not taking any more properties on its list for letting.

The council’s website at www.haringey.gov.uk provides information about letting your property to private tenants, the council, and to housing associations. It also contains information on the council’s accredited letting scheme, licences for houses in multiple occupation and links to other sites. Free leaflets for landlords can also be downloaded from the Department for Communities and Local Government’s webite at www.communities.gov.uk

You can also get advice from a solicitor, managing agent or Citizens Advice Bureau.

Page Last Updated: 21st July 2010

This page belongs to the following categories :
- Housing > Council housing