Lodger or Part-time Sublet?

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    Lodger or Part-time Sublet?

    Hello - I''m trying to ascertain how to do the following without breaching lease:

    - We have a leasehold flat in a converted terrace which we use 3 nights a week
    - A very good friend recently divorced would love to use it the 4 nights of the week we are not there
    - Our lease has the typical provisions requiring use as a private dwelling house in the occupation of one family

    I could claim we are just allowing a friend to stay but I don't think that would fly over a long period of time with a clear pattern of use.
    If we claim he is a "lodger" then that would breach the single family covenant.
    I'm not sure if it's possible to sublet under an arrangement where it's only for certain days of the week rather than a continuous period.

    Anyone navigated this scenario before?




    #2
    If you live there 3 days a week, I'm not sure you would live there to a sufficient degree to have someone as a lodger.

    If the other person isn't a member of your family, I suspect that any arrangement would breach the lease.
    The basic issue would be whether anyone would object and cause the lease to be enforced.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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      #3
      Are you the leaseholder of the flat or a tenant?

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        #4
        Yes - I'm leaseholder, share of freehold via management company of which I'm also a Director..

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          #5
          jpkeates,

          I think in principle others wouldn't object however there have been issues in the building with one leaseholder renting their flat on airbnb and others wishing to enforce the lease to prevent this. I think the problem would thus be the Landlord not wanting to be seen to treat two leaseholders inconsistently..

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