It would be much more sensible to let the "lead" tenant to sort out his own mess, as it was his judgement to allow the problem lodger into the property.
And that is what is happening, but again I cannot see why I would not be permitted to 'act in support of the "lead" tenant'.
You probably need to be more concerned what might happen if the problem lodger grasses you up for operating an HMO.
A property that is compliant with the HMO Management Regulations, does not automatically confer it requires a Licence ... a property rented out to 3 people who are not from one 'household' is defined as an HMO under the Housing Act, Mandatory Licencing starts at 5 people, an HMO with 3 people would only require licencing where the council has brought in Selective and Additional Licencing to cover that, and this property does not require Licencing.
I have to agree that this all sounds a borderline arrangement, to say the very least.
Again ... Why should supporting a lead tenant in this manner bring into question the Landlord to Tenant (AST)) and Tenant to Lodger (Excluded Occupier) - contracts and agreements in place.
If the tenant has a self contained flat in the building, then I believe the "lodgers" will not be licensees
I think you are inferring that I live somewhere in the building, ie in another one of the flats, I do not reside anywhere in the building ... and so the Lodgers are Licencees, not tenants.
Landlord needs to serve NTQ then proceed through court.
If they were tenants, but they are Licencees, so no need for a court order.
Today is Sunday, I am waitnig for a call from the Tenant to tell me the Lodgers mate has parked his car on the drive again, last weekend they cranked up the stereo, started working on hos car, with them both drinking and partaking in drugs, all to the annoyance of the neighbours and my other tenants on the building ... and intimidating the other lodger, who's room over looks the drive.
What is the position if the lead tenant calls the Police with a view to removing the visitor, will they simply caution them and state its 'Civil' and he too is just a tresspasser ? and leave them there, how do you peacably evict a person parked in a vehicle on your drive.
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