Subletting and lodgers

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    Subletting and lodgers

    I have a flat. There is the following line in my tenancy:

    'The lessee will not divide the possession of the premises by an Assignment or underletting or parting with possession of part only of the premises'

    Does this mean I can't take on a lodger?
    I would still be living in the flat so effectively would still retain control of the whole flat.

    Thanks to any responders.

    #2
    IMO you can take in lodger PROVIDED you remain in occupation throughout and do not grant the Lodger exclusive use of any area.(sublet).

    Comment


      #3
      Thanks Mariner, that's what I was thinking - however I was hoping there might be someone on here with a legal background that could clarify.

      Comment


        #4
        You wouldn't be dividing the possession with a lodger, who shares your possession.
        As Mariner says, as long as you don't give the lodger exclusive use of any part of the property, you should be fine from the point of view of that clause.

        You might find there's another clause that says something different, though. Often there are restrictions on who can occupy the property and on what basis.
        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).

        Comment


          #5
          Thanks jpkeates. There doesn't appear to be anything else on the lease stating who can occupy the property. So hopefully I should be ok to get a lodger in. Probably best to first seek legal advice to check that a lodger doesn't constitute parting of possession.

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