If you sublet a shared ownership home, you are a landlord to your tenant and must follow private renting rules. From 1 May 2026, this includes tenancy reforms being introduced by the Renters’ Rights Act.
In Part 1 of this Q&A, Kevin Edwards, Partner with Geoffrey Leaver Solicitors Ltd, explained what shared owners need to know about the Renters’ Rights Act. In Part 2, he explains what you need to do if you are subletting your home. We also signpost to additional sources of information.
Don’t have time to read this right now?
Here are the key takeaways:
What your landlord must do: Your housing association landlord must send you information explaining the changes bought in by the new Renters’ Rights Act.
What you must do: You must send specific information to tenant(s) subletting your home, or you will be liable to pay a fine.
Don’t ignore the new legislation: If you ignore the requirements of the Renters’ Rights Act, it cost you dearly if you decide to sell your home in the future.
Don’t panic! – There are various sources of information and guidance to help you navigate the new legislation.
Read on…
What do people who sublet a shared ownership home need to know?
New legislation requires all landlords of assured and assured shorthold tenancies to send a prescribed information sheet to their tenants – The Renters’ Rights Act Information Sheet 2026 – explaining the changes brought in by the legislation.
What does prescribed mean? In simple terms, ‘prescribed’ means something you have to do.
You should receive a letter and Renters’ Rights Information Sheet 2026 from your own housing association landlord. AND you will need to send a Renters’ Rights Information Sheet 2026 to your tenants.
It’s vital to note the 31 May 2026 deadline for sending required information to your tenants. We explain in more detail below.
What do people who sublet a shared ownership home need to do?
Check that you have received a letter and information sheet from your landlord
Different housing association landlords tend to have differing policies on various aspects of shared ownership. It’s possible that some may review their existing subletting policies in relation to the new legislation on renters’ rights. (The Ministry of Housing, Communities & Local Government (MHCLG) sent a letter to registered providers of social housing in England, which refers to: “necessary adjustments to your policies and processes ahead of the tenancy reforms taking effect”.)
Consequently, it’s vital that your housing association landlord contacts you as requested by MHCLG.
Hopefully, you have already received a letter and Renters’ Rights Information Sheet from your housing association landlord. If not, you could follow the steps below.
- If you haven’t had a letter from your housing association landlord yet, contact them requesting it.
- If you don’t get a response in time for you to act on their guidance, make a formal complaint.
- If you’re not happy with the response to your formal complaint, escalate it to the Housing Ombudsman.
- You could also contact the Minister of State at MHCLG if your housing association doesn’t respond.
Send an information sheet from you, as a landlord, to your tenants
If you are subletting, you will also have tenants on assured shorthold tenancies (subtenants). Consequently, you (or your letting agency) will need to provide the Renters’ Rights Information Sheet 2026 to your tenants. The same deadline of 31 May 2026 applies. You must be able to evidence that you’ve provided this so as not to fall foul of the legislation. This is important as there is a fine of up to £7,000 for non-compliance.
In addition, shared owners who are subletting need to serve a further transitional notice on their tenants. This tells them that the 12-month relet restriction may not apply. Again, you must do this by 31 May 2026. You can download the template (Template Notice 2) here.
This doesn’t apply if you have a lodger.
What if I don’t sublet at the moment, but I’m planning to?
This situation is different if you do not currently sublet but plan to do so from 1 May 2026.
In this case you must serve a notice on your proposed tenant(s) before you agree the tenancy. The notice lets them know that the restrictions on letting or marketing within 12 months may not apply to a subsequent letting. You can download the notice (Template Notice 1) here.
What happens if I don’t serve transitional notice that the 12-month relet restriction may not apply?
If you fail to serve transitional notice then the exemption from the 12-month re-letting period restriction is lost. (The same applies to the required pre-tenancy notice for a new tenancy.) This means that if you regain possession for an intended sale, and the sale falls through, you will be prohibited from re-letting until a further 12-month period has passed.
This could have severe consequences for shared owners who are subletting, who then have a loss of mitigating income for the sublease while they are still obliged to pay the rent to their housing association landlord themselves.
What does mitigating mean? In simple terms, ‘mitigating means something that makes a bad situation not as bad as it might otherwise be.
Why does Template Notice 1 state that the shared owner exemption may not apply?
‘5. I/We hereby give you notice that the exemption from restrictions on reletting and marketing for reletting in section 16E(2) and (3) of the HA 1988 set out in section 16F(3) and (4) may not apply to us and the Property we intend to let to you under the Tenancy.‘
The Template Notice says may not apply as there are conditions to be met. To be exempt a shared owner must:
- Tell anyone that they are planning to rent to, before agreeing the tenancy, that they are a shared owner and that the prohibition from letting or marketing the property within the 12-month restricted period may not apply to a subsequent letting or grant of a licence of the property.
- Tell their shared ownership provider in writing before the end of the possession notice period (meaning the date specified in any notice served under section 8 of the Housing Act 1988) that they intend to sell.
- Before attempting to market the property for let or letting the property, either get a RICS valuation to sell the property or advertise it for sale (for example, through an estate agent).
If the shared owner has a subletting tenant before 1 May 2026, they may still be able to use the exemption. To do this, they must follow the requirement the same process as above EXCEPT THAT for point 1) a slightly different notice (Template Notice 2) must be served on their existing tenant(s) by 31 May 2026 instead:
Where can people who sublet a shared ownership home get more information?
The government has published guidance on the Renters’ Rights Act and shared ownership to support shared owners who are subletting their home.
The government has also published guidance on The Renters’ Rights Act Information Sheet 2026, which includes a downloadable Information Sheet that landlords MUST give their tenants.
Please take a look at our Additional Resources section, below, for signposting to additional sources of information.
We understand that the latest legal reform, and the implications for shared owners who are subletting, may be confusing and/or cause anxiety. We hope this Q&A has helped by explaining some of the issues, and what you need to do.
We can’t respond to individual queries or requests for advice. However, if you have concerns or questions, you can contact the Leasehold Advisory Service, which offers: “free, government funded advice for a problem with your leasehold property”.
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We are extremely grateful for the support of Kevin Edwards, Partner with Geoffrey Leaver Solicitors, in creating this content.
DISCLAIMER: The information provided on this website is for general purposes only. It is not intended to be a substitute for legal, financial, tax or other professional advice. Everyone’s situation is different so always seek expert advice on any questions you may have.
Featured image: Sander Sammy on Unsplash
Additional Resources
GOV.UK guidance – The Renters’ Rights Act and Shared Ownership: Guidance for shared owners who are renting out their home
GOV.UK guidance – The Renters’ Rights Act Information Sheet 2026
Ministry of Homes, Community & Local Government (MHCLG) – The Renters’ Rights Act Information Sheet 2026
GOV.UK correspondence – Shared ownership and the Renters’ Rights Act: letter to registered providers of social housing
Shared Ownership Resources – The Renters’ Rights Act: What shared owners need to know
GOV.UK guidance – Renting out all or part of your home (subletting)
Shared Ownership Resources – Subletting a shared ownership home
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