If you own 100% of your lease you may be permitted to sublet your property, but you are not allowed to use, or permit the flat to be used, for any purpose other than a private dwelling-house occupied by one household.
It is also important to remember that you are legally responsible for your subtenants.
What you need to tell us.
If you sublet your flat, it is important that you write to Charlton Triangle Homes and let us know your intentions, who will be living in the flat, and, most important of all, where we can contact you if there is a problem with your property.
It is also very important that you give us up to date contact details when you are not living in your flat, especially a daytime phone number and a mailing address to send service charge bills to. If we do not have an up to date address, correspondence will be sent to the flat. Please note that you, and not your sub tenant, will remain liable for all service charge costs. If we do not have a forwarding address and there is a problem, we could start debt recovery action against you without your knowledge.
Also accidents do happen. If, for example, your subtenants cause a flood from your flat into another, we will need to contact you to ensure this is remedied very quickly. Remember you will be liable for the first £500 of any damage to our property. If the possessions of the tenants below are damaged, they could also seek to recover costs from you. The sooner we can contact you to let you know there is a problem, the less damage will be caused.
It is important that you have adequate insurance cover to protect you in the event of accidents, although an insurance company may deny a claim if you have failed to provide contact details to us. If you are going abroad, please consider having a family member or an agent in the UK that can deal with your flat and any emergencies in your absence. Please make sure we have their details in writing and your authorisation to deal with anyone on your behalf.
If you have a mortgage and you wish to sublet, you should advise your mortgage company and your contents insurers. Standard household insurance does not usually cover you if you have lodgers or subtenants. Not having valid insurance and permission to have subtenants will also probably breach any mortgage conditions.
What you need to tell your subtenants
You should make sure that your subtenants have all the information they need while they are living in your flat. You will be responsible if your subtenant breaks any of the terms and conditions of the lease. We will take action against you if your subtenant causes a nuisance, or is responsible for any anti-social behaviour or damage. We recommend that you seek independent advice when subletting your flat so that you comply with the law and the terms of your lease.
You need to ensure that:
- your subtenants know where the bins are in the block, how and when to use them and how to dispose of large items of rubbish
- your subtenants and their visitors understand local parking regulations and tell their friends and visitors
- your subtenants have up to date contact numbers for you or your lettings agent.
- your subtenants know where the main stopcocks for water and gas and the main electric and fuse boards are located (and have any keys necessary to get at these services), and understand how they operate, so that they can deal promptly with emergency leaks and faults. Keep this information close to hand should you or your letting agent need to send anyone else to your flat in an emergency.
We will not issue communal entrance fobs or information to your subtenants under any circumstances without your expressed permission in writing, and we will usually wish to contact you to confirm that any such requests are genuine. You will usually need to pay for additional keys or key fobs to get through communal main entrance doors.
Finally, you have a legal duty to have an annual gas safety check carried out if you have subtenants in your property. You could face prosecution if you ignore this and your subtenants are injured or killed as a result.