Lodgers and subletting

This section explains your rights in taking in a lodger and subletting.

Can I take a lodger?

A lodger is a person who pays you to live in your home. They do not have exclusive use of all or any part of your home.

Secure tenants – If you are a secure or a flexible (fixed term) tenant, you have the right to take in lodgers as long as it does not cause your home to be overcrowded. You must tell us in writing if you have taken in a lodger. We will only refuse you permission if it causes overcrowding.

You are responsible for your lodger. If your lodger causes nuisance in the area or breaks the terms of your tenancy agreement, we will take action against you.

Introductory tenants – If you are an introductory tenant, you do not have the right to take in lodgers. However, if you want to take in a lodger, you must ask for our permission. We will only refuse you permission for good reasons.

 

What do I need to do if I want to take in a lodger?

If you want to take in a lodger, you must tell us:

  • the name of the lodger;
  • their age and sex; and
  • what part of your home they will be living in.

You can do this:

  • by email: corporateadmin@berneslaihomes.co.uk;OR
  • by post: Corporate Administration Team, PO Box 627, Barnsley, S70 9FZ.
Will a lodger affect my benefits or Council Tax?

Yes, it can affect them. For more information, please ring the Council Tax Department on 01226 774774 or the Housing Benefit Department on 01226 774743.

Remember, if you are a council tenant, you must tell the Council Tax Department or the Housing Benefit Department.

Can I sub-let my home?

A subtenant is a person who pays you to live in part of your property and who has the exclusive use of that part of the property.

Secure tenant – If you are a secure or a flexible (fixed term) tenant, you have the right to sublet part of your home but only after getting our permission.

Introductory tenant – If you are an introductory tenant, you do not have the right to sublet your home. However, we may give you permission in certain cases.

For introductory, secure and flexible tenancies, you cannot sublet all of your property.

Also, we will only give you permission to sublet part of your home as long as you meet the following conditions.

  • You do not give the subtenant any type of tenancy.
  • You are responsible for the behaviour of the subtenant. If they cause nuisance or break your tenancy conditions, we will take action against you.
  • The subtenant must leave your home before you end your tenancy.
  • You must tell the Council Tax Department about your subtenant and you must give details on any application you make for Housing Benefit. Your benefits and any council tax discount will be affected.
  • The property must not become overcrowded.

We can withdraw our permission at any time. Also, if the subtenant does not leave, we will take legal action against you.

 

 

What do I need to do if I want to sublet my home?

If you want to sublet part of your home, you must tell us:

  • the name of the subtenant;
  • their age and sex; and
  • what part of your home they will be living in.

You can do this:

  • by email: corporateadmin@berneslaihomes.co.uk;

OR

  • by post: Corporate Administration Team, Berneslai Homes, PO Box 627, Barnsley, S70 9FZ.