Lodgers and subletting

by The Gateshead Housing Company & filed under Help in your home - rent and benefits, Help in your home - your Tenancy Agreement.

What is a lodger?
A lodger is someone who lives with you as part of your household but does not have any exclusive use of any part of your home.  You provide additional services like preparing meals or cleaning the room.

 If you take in a lodger into your home you must remember that:

  • Your Housing Benefit and Council tax may be reduced
  • The Gateshead Housing Company and Gateshead Council will not act on your behalf if you want the lodger to leave.

What is subletting?
Subletting is where you let a part of your home to someone with a commercial agreement. You must get our written permission before doing this from your nearest housing office.

This permission will not be unreasonably withheld. You must supply us with a copy of the agreement made between you and the sub-tenant

If you take in a sub-tenant into your home you must remember that:

  • Your Housing Benefit and Council Tax may be reduced
  • The Gateshead Housing Company and Gateshead Council will not act on your behalf if you want the sub-tenant to leave.

Can I sub let the whole of my property?
No. If you sublet the whole of your property the tenancy ends and The Gateshead Housing Company will seek legal advise to regain possession of the property.

Do I have to get permission for someone to move into my home?
This depends on the type of tenancy you have.

If you are a secure or assured tenant you must get written permission from The Gateshead Housing Company (from your nearest housing office) before you take in a lodger or sub-tenant.

If you are an introductory or assured shorthold (Starter) tenant the tenancy agreement states that as an introductory tenant/assured shorthold (starter tenancy) you are not allowed to take in a lodger or a sub-tenant.

What will happen to my lodger or sub-tenant when I terminate my tenancy?
If you give us written notice to terminate your tenancy at the end of the four week notice period you must give us back vacant possession of the property. The lodger or sub-tenant can not remain at the property.

What are the benefits of having a lodger or sub-tenant?
A lodger or sub-tenant may provide support and company to a vulnerable or lonely resident and the additional income can help alleviate poverty or offer financial support.

Can my lodger or sub-tenant claim housing benefits?
Your lodger or sub-tenant could be eligible to claim housing benefits dependant on their circumstances, please contact Gateshead Council’s Benefits Section for further advice.

Do I need to inform anyone of the income I receive from my lodger or sub tenant?
You need to contact HM Revenue and Customs and make them aware of the extra income you are receiving. If you are in receipt of housing benefits, you need to declare any rent received from a lodger or sub-tenant as it may affect your entitlement.

If you receive any other state benefits you should also declare it to the Department for Work and Pensions.