POLICY
Housing
Lodgers and Sub-Letting Policy
Version
Date
Reason for Change
Authorised by
1.0
2.0
3.0
4.0
March 2011
March 2011
April 2011
December 2013
New Policy
Amendments
Final Approval
Policy Review
Head of Housing
DSB Policy Sub Group
Service Development Board
Operations Director
Author: Heather Grant
Owner: Operations Director
Review Date: March 2017
1.
PURPOSE ......................................................................................................................................................... 1
2.
SCOPE .............................................................................................................................................................. 1
3.
RESPONSIBILITIES......................................................................................................................................... 2
4.
POLICY STATEMENT .................................................................................................................................... 2
WELFARE REFORM – UNDER OCCUPANCY .......................................................................................................... 2
PREVENTION OF SOCIAL HOUSING FRAUD ACT 2013 ............................................................................... 2
TENANCIES ................................................................................................................................................................ 3
5.
POLICY DETAIL .............................................................................................................................................. 3
6.
MONITORING AND REVIEW ...................................................................................................................... 6
7.
LINKS WITH OTHER POLICIES ................................................................................................................... 6
8.
COMMUNICATION AND REVIEW PROCESS .......................................................................................... 6
9.
FEEDBACK ...................................................................................................................................................... 6
10. CONFIDENTIALITY AND ACCESS TO INFORMATION ........................................................................... 7
1.
PURPOSE
This policy sets out the rights of First Wessex’s (FW) residents to take in lodgers and sublet their properties. Starter Tenancies do not have the right to take in lodgers or sublet.
2.
SCOPE
2.1
This policy applies to all residents of FW holding:
• Assured, Starter Tenancies granted on a 12 month Assured Shorthold Tenancy (Refer
to the Starter Tenancy Policy);
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•
2.2
Protected or Secure Tenancies with the exception of those residents occupying
housing specifically for older persons (for example sheltered housing) or supported
housing schemes where restrictions will apply and vary from scheme to scheme;
The policy does not apply to residents who are:
 Leaseholders, including shared owners (Refer to the Commercial Sub-letting
Procedure)
 Residents who are sub-tenants of FW where FW is the tenant or leaseholder of
another landlord or other forms of short term tenancies.
Whether residents can or cannot take in lodgers or sub-let their home will vary and be
determined by their individual lease or tenancy agreement.
3.
RESPONSIBILITIES
3.1
The Operations Director and Heads of Operations will have overall responsibility for the
policy with implementation being the responsibility of their respective managers.
4.
POLICY STATEMENT
WELFARE REFORM – Under Occupancy
4.1
With effect from April 2013 some residents who have one or more spare bedrooms and
are in receipt of Housing Benefit will consequently have their benefit reduced. FW will
seek to identify all such residents and offer advice and assistance. (Refer to the
Allocations, Lettings and Voids Policy).
4.2
Residents considering offering a ‘spare room’ to a lodger need to be aware of the impact
this may have on their benefit entitlement. FWs Money Advice and Benefits Advisors, the
local authority or an advice organisation will be able to advise on the effects additional
income will have on their benefit.
4.3
Residents who let furnished accommodation and take in a lodger are exempt from paying
tax on rental income of up to £4,250 a year. As this is tax free it will not affect the amount
received in Child Tax Credit or Working Tax Credit.
PREVENTION OF SOCIAL HOUSING FRAUD ACT 2013
4.4
The Government introduced new legislation to tackle fraud in the social housing sector.
The Prevention of Social Housing Fraud Act 2013 makes it a criminal offence for tenants to
commit housing fraud.
4.5
FW will share data with local authority partners and government agencies to reduce
Tenancy Fraud. Tenancy Fraud is defined as follows (Refer to the Customer Data
Referencing and Verification Policy):

Not using a property as the ‘sole or principal home’, this includes abandoning the
property.
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
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Succeeding or assigning the property, without FW’s permission, after the registered
occupier has moved out or died (Refer to the Succession Policy).
Unlawfully subletting the entire property.
Attempting to obtain a property by using false statements.
Attempting to obtain a property by using false documents, for example using a
forged passport or claiming to be someone else in order to access social housing.
4.6
The new legislation means that, if prosecuted the person responsible could face a fine of
up to £5,000 or they could go to prison for up to two years.
4.7
FW could also take legal action against the legal tenant to regain possession of the
property, if we are forced to do this we will ask the Court to make an order that the
tenant pay for all of the legal costs.
TENANCIES
4.8
FW understands that there will be situations where a resident may wish to rent out a room
or rooms in their home in which case the new occupier will be referred to as a lodger or
sub-tenant. In some circumstances, taking in a lodger or sub-letting is appropriate for a
resident and can contribute to meeting local housing need and make better use of
existing homes by reducing under-occupation. In addition a resident may wish to leave
their home on a temporary basis and have someone living in their property on a
caretaking basis while they are away.
4.9
Residents with Secure Tenancies have the right to take in a lodger or sub-let part of their
property, in accordance with Section 93 of Housing Act 1985 and with agreement of FW.
This right is confirmed by their tenancy agreement and this policy.
4.10
Assured Tenants have a contractual right to take in a lodger or sub-let part of their
property with the agreement of FW and confirmed by their tenancy agreement and this
policy.
4.11
Residents are not permitted by law, their tenancy agreement or this policy to sub-let their
entire home, if they were to do so their tenancy would cease to be a Secure or Assured
Tenancy. However FW recognises that there are circumstances when a resident may need
to move out temporarily and would like to have a ‘caretaker’ living in their home until
they return. This policy enables a resident to appoint a caretaker but only under certain
conditions and with the prior written approval of FW.
4.12
FW recognises that ‘vulnerable adults’, for example someone who is or may be in need of
community care services or may be unable to take care of him or herself or unable to
protect him or herself against significant harm or exploitation, may be ‘persuaded’ to take
in a lodger(s) or sub-let their home when it is not in their best interest to do so. FW will
take appropriate action to protect vulnerable adults in these circumstances. (Refer to the
Safeguarding Vulnerable Adults Policy)
5.
POLICY DETAIL
5.1
A lodger is someone who: 3
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5.2
A sub-tenant is someone who:
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5.3
Has access to and shares all facilities of a home and is treated as a member of the
family or household but is not a member of the family or household.
Does not have exclusive possession of any part of the property i.e. the resident has
access to the lodger’s room to clean or for other reasons and is usually a licensee in
law and not a tenant
Lives there by consent of the resident
Has no room key
Has exclusive rights over part of a property – i.e. the resident has no right to enter the
sub-tenant’s bedroom without obtaining permission first
Normally has a room key
May share other parts of the dwelling e.g. kitchen and bathroom
A sub-tenant will have a tenancy however in practice the type of tenancy held by a
sub-tenant has such limited security of tenure that it makes little difference to the
resident’s ability to evict if that becomes necessary.
A caretaker is someone who:
A resident has asked to ‘care take’ their home while they are away temporarily
(due to an extended holiday or hospital stay etc)
5.4
Where consent to have a lodger, sub-tenant or appoint a caretaker is given, the legal
relationship between the tenant and FW remains unchanged, no contractual relationship
is established between FW and the lodger, sub-tenant or caretaker. The resident’s
responsibility for payment of rent and charges, and adherence to their conditions of
tenancy terms remain unaffected.
5.5
Authorisation – Lodger or sub-letting
5.5.1
Before taking in a lodger(s) or sub-letting part of the property a resident must seek
written permission from FW, permission will not be unreasonably withheld. The resident
must provide FW with details of the name, age and the sex of the intended lodger(s) or
sub-tenant(s) and of the accommodation he/she will occupy.
5.5.2
FW will not unreasonably refuse permission however permission will not be granted in the
following circumstances:
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
The arrangement would cause statutory overcrowding
FW proposes to carry out works to the property or on the building of which the
property forms part, and the proposed works will affect the accommodation likely to
be used by the sub-tenant who would reside in the property as a result of the
consent.
The whole of the premises is to be sublet
For tenants holding Assured Tenancies only, the individual(s) concerned has been
convicted of committing a serious criminal offence or legal action is pending against
them for Anti-Social Behaviour or FW have successfully obtained an injunction or
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possession order against the individual in the past on the grounds of Anti Social
Behaviour (Refer to the Anti Social Behaviour Policy).
5.5.3
If FW refuses to give consent, a written statement of the reasons why consent was refused
will be provided.
5.6
Authorisation - Caretaker
5.6.1
All applications for a caretaker(s) should be made in writing and always in advance of the
resident moving out. It should specify the following:a.
b.
c.
d.
e.
f.
The name, age and sex of the intended caretaker(s)
Why the resident is moving out temporarily
The date the tenant is due to return
How the tenant will maintain their rent payments
Details of how the tenant can be contacted whilst they are away.
Permission will not be given:
i) where the individual(s) concerned has been convicted of committing a serious criminal
offence or;
ii) where the individual(s) concerned has a legal action pending against them for AntiSocial Behaviour or;
iii) where FW have successfully obtained an injunction or possession order against the
individual in the past on the grounds of Anti Social Behaviour (Anti Social Behaviour
Policy refers).
5.6.2
Caretaker(s) must be at least 18 years of age
5.6.3
Any caretaking arrangement is strictly between the two parties and under no
circumstances will the tenancy records be amended to show the caretaker’s name. FW will
also refuse any money tendered as rent on the property by the caretaker and all contact
concerning the tenancy will be made with the resident and not the caretaker.
5.6.4
FW is under no obligation to agree to a caretaking arrangement and will consider each
request on its merits. FW is however mindful that caretaking can reduce the risk of
damage and vandalism to a property and unauthorised occupation as a consequence of
being left unoccupied
5.7
Implications of occupation by lodgers, sub-tenants or caretakers
5.7.1
It is the resident’s responsibility to ensure that the rent and service charges due for a
property are paid in full and on time. Income from lodgers, sub-tenants and caretakers
will affect the amount of Housing Benefit a tenant receives and the resident must
therefore advise the appropriate local authority Housing Benefit department. In addition
FW may also advise the Housing Benefit department concerned if necessary. (Rent
Collection and Arrears Policy refers).
5.7.2
FW’s resident will have the responsibility of ensuring the lodger(s), sub-tenant(s) or
caretaker(s) vacates the property when their tenancy ends with FW. If a lodger, sub-tenant
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or caretaker is left in occupation, FW will take action to gain vacant possession of the
property and will recover associated costs from the outgoing tenant.
5.7.3
Residents are responsible for their, lodger(s), sub-tenant(s) or caretaker(s), in particular
residents must ensure that any person who resides at (or visits) the property does not
behave in any way that causes or is likely to cause nuisance, annoyance, alarm, distress or
harassment to any person who resides at, visits, or is lawfully in the locality of the
Property. (Anti Social Behaviour Policy refers) Examples of this type of Lodgers & Sub
Letting Policy Final Approved behaviour would include, but is not limited to:

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loud music or noise
violence or threats of violence
abusive behaviour
damaging property
dog barking and fouling
shouting
slamming doors
offensive drunkenness
rubbish dumping
FW will take action against the resident should a breach of tenancy conditions occur
irrespective of whether it is attributable to a lodger, sub-tenant or caretaker.
6.
MONITORING AND REVIEW
6.1
This policy will be formally reviewed at least every three years or earlier if required for
example in the event of legislative changes or changes in the needs of the organisation.
7.
LINKS WITH OTHER POLICIES

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Allocations, Lettings and Voids Policy
Anti Social Behaviour Policy
Complaints, Compliments and Suggestions Policy
Customer Data Referencing and Verification Policy
Data Protection Policy
Safeguarding Vulnerable Adults Policy
Starter Tenancy Policy
Rent Collection and Arrears Policy
8.
COMMUNICATION AND REVIEW PROCESS
8.1
The adoption of this Policy will be notified to staff. In-house and refresher training will be
arranged for all relevant staff. A copy will also be placed on the intranet within the central
index of Policies and Procedures.
9.
FEEDBACK
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9.1
Anyone who is dissatisfied with any aspect of the services provided by FW has the
opportunity to seek redress through the Complaints, Compliments and Suggestions
policy.
10.
CONFIDENTIALITY AND ACCESS TO INFORMATION
10.1
FW holds personal details of applicants and residents through application forms, home
visits, and information on nominees from Local Authorities and general correspondence
which is kept entirely confidential. These are dealt with in line with the Data Protection Act
1998. (Refer to the Data Protection and Access to Personal Information Policies)
10.2
If any person wishes to view a copy of their personal data (or sensitive personal data)
from their file, a request for access must be made in writing. As a registered social
landlord, First Wessex must satisfy itself of the identity of the tenant making the request
for access and a copy must then be provided within 40 days of accepting the request.
Please note a fee may be charged for access.
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