Lodgers in council properties

When you need to ask permission to take in a lodger or sub-tenant , and what you will need to consider.

If you have a spare bedroom, taking in a lodger or sub-tenant can be a good way to help with your rent.

You must not rent out your entire property, even for a short amount of time. This is housing fraud, which is a criminal offence.

Before renting out a room in your property, you will need to:

1. Decide whether to take in a lodger or sub-tenant

It is important to decide whether you will take in a lodger or a sub-tenant. Sub-tenants have more rights than lodgers, and may be harder to evict if you want them to leave.

Lodgers

A lodger does not have exclusive rights to any part of the property. This means that you as will keep the right to go into any rooms used by the lodger.

If you have an introductory tenancy, you will need to contact your local Housing Office to request permission to take in a lodger.

Secure tenants can take in lodgers without requesting permission as long at this doesn’t cause overcrowding at the property.

Sub-tenants

A sub-tenant has exclusive rights to part of the property. This means that you would not be able to go into their room without permission. They may have a lock on the door to their room.

You must contact your local Housing Office to request permission to take in a sub-tenant.

2. Check whether the person you are taking in is suitable

It is your responsibility to check whether a lodger or sub-tenant is suitable. You may want to do some background checks on them, particularly if you have children or vulnerable people in your household.

Find out how to make background checks.

If you are concerned about any vulnerable adults or children in your household please contact us:

3. Check whether your lodger or sub-tenant is allowed to be in the UK before they move in

All private landlords in England have to make right to rent checks. This means checking that tenants have the right to be in the UK. This includes Leeds City Council tenants who are renting out a room to a lodger or sub-tenant. We are not able to make these checks for you - it is your responsibility to make sure you are compliant with the law.

If you rent out a room to a lodger or sub-tenant and fail to check their right to rent, you could be fined up to £3,000.

Find out how to make a right to rent check on GOV.UK.

Benefits claimants

If you receive benefits, you should check to see whether taking in a lodger or sub-tenant will affect the amount you are entitled to. Find out more about how this could affect your claim.