Leaseholder steps to subletting
We will always consider requests from Leaseholders who wish to sublet. It is likely that your lease allows this, but we must always check the lease first.
Some older leases may not allow subletting. Also, if you previously were a Shared Owner that has staircased to 100%, your lease may not allow subletting. If this is the case and L&Q own the freehold of your home, it is likely that we will allow the lease to be changed through a Deed of Variation. A Deed of Variation permanently changes the relevant section within your lease.
If L&Q do not own the freehold of your home, we must always check our Head Lease with the Freeholder to ensure that it meets the Freeholder's requirements. We will be unable to amend a lease where the Freeholder prohibits subletting.
You should always check your lease first to ensure that you are able to sublet.
If your lease allows subletting
It is a condition of the lease that you contact us and provide details of the sublet as follows:
- Details of the sublet, eg agreed for six months
- Confirmation that your Assured Shorthold Tenancy Agreement mirrors the terms and conditions of your lease
- Details of your new tenant including their full name and contact phone number/email address
You will be in breach of your lease if you sublet without providing us with this information (we can take legal action if necessary).
Once you've sent us the information listed above, we'll confirm that your lease allows subletting and update our records.
We ask that you keep in regular contact with your tenant and if they breach the terms of the lease in any way, that you terminate their tenancy. If L&Q receive complaints or have concerns that lease conditions are not being kept, we will take legal action against you as the Leaseholder.
If your lease doesn't allow subletting
We'll check whether L&Q own the freehold of your property. If L&Q are not the Freeholder we will check whether the Freeholder allows subletting and meet their requirements. If they don't allow this we are unable to change this and you will not be able to proceed.
If L&Q are the freeholder, we can work with you to amend your lease and this will be through a Deed of Variation. This is where we work with solicitors to vary the subletting clause within the lease.
You are responsible for the costs involved in varying the lease which will include your own legal fees, L&Q's legal fees and an administration fee for us progressing a Deed of Variation.
1. You must contact us confirming that you are a Leaseholder and that you wish for your lease to be varied to allow you to sublet. Please provide your full name, address, contact details, reference number and details of a solicitor that will be acting for you
Please Note: we do have a panel of independent solicitors [PDF, 34 KB] who would be willing to act for you. They all provide preferred rates to L&Q customers
2. We will check our records and ensure that we are the Freeholder. As mentioned previously, if L&Q are not the Freeholder and the Freeholder prohibits subletting, we will refuse your request
3. If we are the Freeholder, we will confirm this to you and ask you to call us and pay our administration fee [PDF, 40 KB].
4. Upon receipt of the administration fee, we will instruct our solicitors accordingly. You are required to cover L&Q's solicitor fees and your solicitor will sign a Costs Undertaking confirming that you will pay these on completion of the Deed of Variation
5. The solicitors will progress accordingly and ask you to sign and approve the necessary paperwork
6. L&Q will, in turn, do the same
7. The solicitors will complete the Deed of Variation and notify us all accordingly. At this time, the lease term has been permanently changed and you are able to sublet your home. Please refer to the information in the 'If your lease enables subletting' section of this page as it details what you must provide to us in order to adhere to the new Subletting clause within your lease