Supplementary A - London Borough of Hillingdon

Subletting & Lodgers
(not applicable to
probationary tenancies)
1.28 Subletting is entering into an agreement with
another person, either written or verbal, by which
they pay you money to live in the whole or part of
the property, while you live either somewhere else
or live in the other part of the property. The person
you sublet to is called a Subtenant.
A lodger is someone who lives in the property with
you but to whom you have not sublet the whole or
part of the property.
If you have a demoted or probationary tenancy,
you are not allowed to take in a lodger or sublet
the whole or part of the property.
If you are a secure tenant you are permitted to
allow a lodger(s) to live in your property as long as
you fulfil the requirements set out in paragraph 7.4
below. You are also permitted to sublet part of the
property as long as you fulfil the requirements set
out in 7.6 below.
Succession &
Survivorship
1.29 A tenancy may - in some circumstances - be
passed on to another person when the tenancy
dies.
Where a sole tenant dies, the Housing Act 1985
gives the right for the tenancy to pass to the
tenant’s husband/wife/civil partner or family
member.
The law defines a ‘family member’ in this context
as parents, grandparents, children, grandchildren,
siblings, uncles, aunts, nieces, nephews, step
relations, half relations, unmarried partners
(heterosexual) and unregistered same sex
partners.
In the first instance a person is only qualified to
succeed the tenant if he or she lives in the
property as his or her only or principal home.
In the case of family members they must have
been living with the tenant for at least twelve
months.
A statutory Succession can only happen once.
Where one joint tenant dies the tenancy
automatically passes to the surviving tenant under
the rule of Survivorship. In such circumstances,
Cabinet report 15 th March 2007 appendix to Item 3 Page 12