Sub-letting your home
The following guidance applies to you if you are the leaseholder of a flat or house, and the Royal Borough of Kensington and Chelsea is your landlord.
You don't need our permission to rent out your home, but you must let us know if you do and provide us with up-to-date contact details for you and your tenants.
We need these contact details in case we need to contact you urgently about your tenant's behaviour or about a repair that’s required to the property. We can also keep you informed of changes that could affect you or your tenants, such as major works proposals or changes in our management arrangements.
You will be responsible for your tenants’ behaviour. This means ensuring they comply with the terms of your lease and use your property responsibly, for example by not playing loud music, obstructing passageways or causing a nuisance to other residents.
You can do several things to avoid problems when renting out your home. You should regularly inspect your property to ensure it is in good condition and is being used responsibly. You must give clear instructions to your tenants about using your property.
Make sure that they know:
- how to request repairs
- how to use fixtures and fittings - for example heating systems, baths and showers, and window blinds or locks
- arrangements for disposing of rubbish
- arrangements for looking after the garden
- how to contact you or your agent in an emergency - you are legally required to give your tenants an address in England or Wales for mailing notices to you.
If you are renting out your home and it has its own gas boiler, you must by law ensure the boiler has an annual gas safety inspection and is certified fit for purpose.
If you are an RBKC leaseholder, you are not allowed to rent your property on a short-term let basis (such as a holiday let through a channel such as Airbnb or Booking.com).
What is a short-term let?
A short-term let is when property is let for a period of up to 90 days in a calendar year.
What does your lease say?
Your lease agreement with us places conditions on the use and occupation of your property. Short-term letting is considered a breach of the lease covenant which states that you must use your flat “as a private dwelling” and not to allow your flat “to be used for any trade or business”.
You have also promised “not to do or permit or suffer to be done any act or thing which shall or may be or become a nuisance damage annoyance or inconvenience to the Council or to the lessees’ tenants and occupiers of the remainder of the building or the estate or any adjoining or neighbouring house or flat”.
Noise nuisance, over-occupation and damage to communal areas can all result from the use of properties as short term lets. Council freeholders should check the terms of their covenant.
Legal action
We do not give approval for short-term let arrangements and may take legal action against you if you let your property on a short-term basis.
If you are not sure about your responsibilities, you should seek independent legal advice.
If you would like more information or would like to report short-term letting confidentially, please email: [email protected].