Tenancy Rights

Tenancy Rights

Make sure you know about your rights as a tenant as well as your responsibilities.

You must get our agreement to make certain changes to your tenancy for example:

  • Sub-letting your home
  • Taking in a lodger
  • Succession
  • Assignation

Subletting

If you need to move outside the area to work, study or provide support to a relative, you can apply to sub-let your home to someone else. If you sub-let, you remain responsible for paying the rent and for any problems caused by your sub-tenant.

A tenant who has lived continually in their tenancy for at least 12 months must submit a written application to sublet and provide details of the proposed transaction including any deposit or payment to be received by the tenant in relation to pursuing the transaction.

We approve sub-letting for a maximum of 12 months. After this, you must either return home or give up your tenancy. If you give up your tenancy, your sub-tenant must leave the property so we can re-let it.

Taking in a lodger

If you have a spare room in your home, you can apply to take in a lodger.

Succession

If a tenant dies and a member of the household applies for the tenancy we will consider their right to succeed to the property. The law is very clear on who is eligible to be a qualified person and can qualify to succeed the tenancy.

To succeed to a tenancy you have to be a joint tenant of the property; or the spouse or partner of the tenant at the time of their death, with the house being your only or principle home; or a family members over the age of 16 who has lived within the property as their only or principle home for at least the past 12 months; or a carer for the tenant who has dies, having lived in the property for the past 12 months as your only or principle home. We must also have been made aware that you have been living within the property for a 12 month period prior to the tenants death.

Please contact us if you want to discuss passing your tenancy onto someone else.

Assignation

If a tenant moves out of their home or is no longer able to live in their home permanently due to their health, we will consider assigning the tenancy to a member of the household.

To assign a tenancy, the applicant (the assignee) must have had our permission to reside in the property and lived in the house as their only or principle home for at least 12 months prior to the date of application to assign the tenancy.

Prior to providing consent to the assignation, there are other criteria which must be met. Please contact us if you want to discuss assigning your tenancy onto someone else.