Can I sublet my rented home?

For tenants in England thinking about subletting or taking in a lodger.

Applies to: England Last checked against official sources: 6 October 2026

You usually need your landlord's permission to sublet, and council tenants can never sublet their whole home.

Private tenants with an assured periodic tenancy must not sublet all or part of the home without the landlord's consent.
Secure and flexible council tenants can rent out rooms, but cannot sublet the whole property.
Subletting a council home without permission is housing fraud. You can lose your home, be fined or go to prison.
Serious unlawful subletting of social housing can mean up to 2 years in prison.

Different in Scotland, Wales or Northern Ireland

Rules may be different in:

Scotland: Check mygov.scot for Scotland
Wales: Check gov.wales for Wales
Northern Ireland: Check nidirect for Northern Ireland

Key facts

Landlord consent needed
Council tenants: rooms only
Unlawful subletting is a crime
Up to 2 years in prison

What subletting means

Subletting is when you rent out all or part of your home to someone else while you are still the tenant. You become their landlord, and you are still responsible to your own landlord.

Taking in a lodger is a little different. A lodger lives in your home with you and shares it. But your tenancy rules may still need you to ask permission first.

Private tenants in England

Since 1 May 2026, most private tenancies in England are assured periodic tenancies. The law puts a term into assured periodic tenancies (unless your agreement already has its own rule on this): you must not sublet, or part with possession of, all or any part of your home without your landlord's consent. It also stops you passing your tenancy to someone else (assigning it) without consent.

So before you sublet a room or the whole place:

Read your tenancy agreement.
Ask your landlord for permission, ideally in writing.
Keep a copy of their answer.

Council tenants

Tenancy type	Rent out rooms?	Sublet the whole home?
Secure tenant	Yes	No
Flexible tenant	Yes	No

Introductory tenants have fewer rights than secure tenants, so check with your council before letting anyone move in.

When subletting is a crime

Subletting a council home without permission is housing fraud. For secure tenants, it is a criminal offence to sublet the whole home (or part of it) without written consent and move out so it is no longer your only or main home.

Offence	Most serious penalty
Knowingly subletting and moving out	A fine (in a magistrates' court)
Doing this dishonestly	Up to 2 years in prison, a fine, or both

These offences apply to secure tenancies in England. The council can also take your home back, and you may lose the right to council housing in future.

On top of any sentence, the court can make an unlawful profit order. You pay the landlord the money you made from subletting, minus any rent you paid them during that time.

If you have a lodger

If you live in the home and let a furnished room, the Rent a Room Scheme lets you earn up to £7,500 a year tax-free (£3,750 if you share the income). You can use it whether or not you own your home. If you let rooms to more than 2 people, your home may count as a house in multiple occupation (HMO), which has extra rules.

Reporting unlawful subletting

Most councils have a fraud phone line. You do not have to give your name or address. Find your council on GOV.UK.

If you live in Scotland, Wales or Northern Ireland

This guide covers England. Since 1 December 2022, the subletting offences in the Prevention of Social Housing Fraud Act 2013 apply only to homes in England, because Wales now has its own renting law. Scotland, Wales and Northern Ireland have different tenancy laws, so check your tenancy agreement and your nation's official guidance.

Related guides

Where this comes from

Get it done

This takes you to the official service, which is free to use.

Check your council tenancy rights

Common questions

Can a council tenant take in a lodger?

Yes. Secure and flexible council tenants can rent out rooms, but cannot sublet the whole property.

Can a court make me pay back money from subletting?

Yes. A court can make an unlawful profit order, so you pay the landlord the profit you made.

How do I report someone subletting a council home?

Contact your council's fraud line. You do not have to give your name or address.

Official sources

1.Housing Act 1988, section 15www.legislation.gov.uk/ukpga/1988/50/section/15
2.Council housing: types of tenancywww.gov.uk/council-housing/types-of-tenancy
3.Council housing fraudwww.gov.uk/council-housing/council-housing-fraud
4.Prevention of Social Housing Fraud Act 2013, section 1www.legislation.gov.uk/ukpga/2013/3/section/1
5.Prevention of Social Housing Fraud Act 2013, section 4www.legislation.gov.uk/ukpga/2013/3/section/4

Checked against GOV.UK on 6 October 2026

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