Subletting your property

If you rent out your shared ownership property

If you sublet your shared ownership property, the law treats you as a private landlord, even though you only own a share of your property. This means private renting rules apply to you.

What is changing from 1st May 2026

From 1st May 2026, rules on private renting are changing due to the Renters’ Rights Act 2025. You will no longer be able to:

• Use a section 21 (‘no‑fault’) notice to evict your tenant
• Use fixed‑term tenancies

Instead:

• Most tenancies will be open‑ended (rolling)
• If you need the property back, you must use a legal reason, serve a Notice Seeking Possession (section 8 notice), and provide the correct notice period (please note there is a new form of notice which can be accessed from 1st May 2026)
• Before issuing a new tenancy agreement, tenants must be provided with a written statement of key tenancy terms 

These rules apply even if your subletting permission or tenancy agreement says something different.

The changes under the Act mean you must provide your tenant with the official Renters’ Rights Act Information Sheet 2026. This is a government prescribed document that explains how the new law affects their tenancy. You must give a copy of the information sheet to each named tenant with an existing written tenancy by 31st May 2026, and it must be provided as a PDF attachment or paper copy (sending a web link alone is not sufficient). You can download the Renters’ Rights Act information sheet 2026.

You will also need to provide certain information when you create a new tenancy on or after 1st May 2026. You will need to do this before you and your tenant sign a tenancy agreement. You can find government guidance on GOV.UK.

Under the new rules, when a landlord evicts a tenant due to them wishing to move back into the property or due to them wishing to sell the property (possession Grounds 1 and 1A) they cannot re‑let the property for 12 months. However, the law gives shared owners a special exemption from this rule.

If you already rent out your shared ownership property as well as providing your tenants with the information sheet, you should write to them by 31st May 2026 to tell them you are a shared owner and that the usual 12 month ban on re‑letting may not apply. If you miss this deadline, you may lose the right to use the exemption later.
This does not mean you must evict your tenant, sell your home, or that you cannot sublet at all. You don’t need to send this letter if you never intend to rely on the exemption.

You can find more information, including a template to use for the letter on GOV.UK: Guidance for shared owners who are renting out their home

If you already sublet your property, check whether you need to send the tenant information sheet, and if so, send this to your tenants by 31st May 2026. If you want to ensure that you are exempt from the 12 month re-letting rule, write to your tenants to tell them by the same date.

You can find government guidance on GOV.UK, or contact your legal or professional advisor.

This guidance should not be treated as legal advice and we cannot provide you with any further information or advice. As a landlord, you are responsible for ensuring your own compliance with the law, and we recommend that you seek independent legal or professional advice if you do not understand how the new rules apply to you.