Subletting your leasehold property
In general, Wandsworth Council would have no objection to you (the leaseholder) subletting the property.
Requirements that you will need to meet:
- Ensure that the terms and conditions of the lease are upheld by whoever is occupying the property, since you, as the leaseholder, will be deemed responsible for the actions of any sub-tenant(s)
- Give formal notice of the sub-letting to the Borough Solicitor at the Town Hall, Wandsworth High Street, London, SW18 2PU
- Provide the Council with your contact details, address, telephone numbers, etc, and ensure that you inform the Council of any changes. It is vital that we hold up to date contact information for ‘away’ Leaseholders. Furthermore, if in the future you decide to appoint a management company to look after the letting and management of the property on your behalf, we will also require a point of contact with that management company.
- You must only allow the flat to be sub-let as a single unit to one household and provide the Council with the full names of the person occupying the property, which will be passed to the Council’s insurance officer along with your away address
- The property must not be let on a short-term and/or on a room by room basis nor be used as any form of guest house, for example AirBNB
- Ensure compliance with all statutory requirements and obligations for those renting the property, including The Gas Safety (Installations and Use) Regulations 1994, The Low Voltage Electrical Equipment (Safety) Regulations 1989 and the Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended)
The Council does not consider necessary to enter into a Deed of Variation in respect of the lease clause prohibiting subletting of the property. The Council is prepared to allow subletting, as long as the afore-mentioned requirements are met. Also, the Schedule 6, Regulation 17(1) of the Housing Act 1985, states that:
“A provision of the lease, or of an agreement collateral to it, is void in so far as it purports to prohibit or restrict the assignment of the lease or the subletting, wholly or in part, of the dwelling house.”
If you would like to clarify any queries regarding the above, please contact the Senior Leasehold Officer on 020 8871 8361 or by email to firstname.lastname@example.org.
If you are not living at your leasehold property you will not be entitled to pay future service charge and major works invoices by instalments. Therefore, you will need to pay within 14 days as stated in your lease agreement. You can contact Capita to arrange payment
- Email Capita at email@example.com