Does live-in landlord have the right arrange viewings of the tenant's room?

[PeckhamLiveInLandlord]

I'd be interested to know if a live-in landlord has the right to arrange viewings of the tenant's room. I know that showing the flat is fine, but what about the actual room of the tenant? (Some rooms have locks on them and the tenants might have the keys).

[Hudson01]

You may need to explain more about the exact nature of the property and what documentation has been signed, what you describe could be a lodger arrangement and not an AST. The word you use ....' Room ', does not indicate a whole property.

[jpkeates]

It depends on what the agreement between you says.

[ash72]

Why don't you ask the T's permission, that way it is easy and hassle free. If the T refuses, then wait until they have departed to show a new prospective T around.

[jpkeates]

I think the terminology needs some thinking through.

If the occupant is really a tenant, they would have the right to exclude anyone, including the landlord.
But the occupants of a live in landlord aren't always tenants.

[PeckhamLiveInLandlord]

Thank you for your responses. The agreement doesn't say anything about viewings. The agreement talks about 'tenancy', rather than 'lodging', which might be a problem.
I'm only curious as the tenant has just moved out but shouted at me over the phone saying: "you couldn't have done any viewings of my room because by law it's only if the tenant agrees and I wouldn't have agreed." (Hence I was wondering what the law says about showing a room, in case of a live-in lodger, albeit with a 'tenancy agreement').

[theartfullodger]

Have you always 100% lived there all the time that occupant has been there?

Which country? ( NI, Wales...) Please

[PeckhamLiveInLandlord]

Thank you for your post. I've always 100% lived there; it's in England (Manchester).

[jpkeates]

Thank you for your responses. The agreement doesn't say anything about viewings. The agreement talks about 'tenancy', rather than 'lodging', which might be a problem.

Well it might make the occupant think that they have a completely different set of rights than they have.
Best to get a lodger agreement that outlines the rules about the landlord's access.

When it's a tenancy, there's a lot of legislation that supports the rights and obligations of the parties, but that's much less true of lodgers/licencees, which can be quite informal.

I'm only curious as the tenant has just moved out but shouted at me over the phone saying: "you couldn't have done any viewings of my room because by law it's only if the tenant agrees and I wouldn't have agreed." (Hence I was wondering what the law says about showing a room, in case of a live-in lodger, albeit with a 'tenancy agreement').

It doesn't sound like he's a tenant, though.
If he had been a tenant, they would have been able to refuse you access, but you could still have entered without their permission, having given the right amount and form of notice.

[PeckhamLiveInLandlord]

Thank you jpkeates. Yes we've had situations recently in which tenants became rather intimidating, especially when a tenant starts using swear words and raises his voice (and in one case the tenant was a weight-lifting aficionado which didn't help) and then cites the law on their rights in an argumentative manner. This is particularly tough when you're the live-in landlord and become worried/scared (e.g. of repercussions because you may have missed looking up a law and the tenant is clearly in attack mode) within your own premises.

[Hudson01]

What you appear to be describing is a whole house (which the LL owns) with individual rooms which have a lock on the internal door, but with you all sharing the kitchen and bathroom space ??? How many rooms are '' let '' in this manner ??

[PeckhamLiveInLandlord]

Two rooms are let in this manner. May I ask why you put "let" in inverted commas?
It is a flat, where I live in one room and the two other rooms were rented out. That's correct, the rooms are lockable from inside and outside (the tenants have the keys) and we share kitchen and bathroom space.

[Hudson01]

I cannot ascertain what the difference is between what you have and what another home owner would have if they simply put locks on a couple of the internal doors in their house which was occupied by two lodgers....... it is really all down to the signed (if any) agreement which was completed at the time. In the second example it could be a simple lodger arrangement where the home owner and the two lodgers share the kitchen and bathroom. What constitutes it being an AST is the paperwork and what the understanding is of all parties. It may be called a flat but if it is simply a room with a bed in it and nothing else then to most people it would be a bedroom in an individuals house.

[PeckhamLiveInLandlord]

Ok if I understand you correctly it all depends on what the contract between him and me was, is that correct?
It gets even more complicated, as the agreement was never signed, just sent by e-mail without either party ever signing it.
I don't think it can be an AST, due to the last bullet point.. from the Gov.uk website:
"A tenancy can be an AST if all of the following apply:

• you’re a private landlord or housing association
• the tenancy started on or after 15 January 1989
• the property is your tenants’ main accommodation
• you do not live in the property"

[jpkeates]

The unapproved thing is some security setting / bug.
Annoying.

What type of arrangement it is doesn't depend on the paper work, it depends on the arrangement itself.
It can be a tenancy, but it can't be an AST.
If the occupant has any part of the property to which they have exclusive access and shared access to other facilities that allows them to live there, it can be a tenancy.
If there's no exclusive access it can't be a tenancy.

If your agreement says that, even though there's a lock on the door, you have a key and have access whenever you want, it would be the latter.
So, in a sense the paperwork can be significant (but it's not definitive - for example if the agreement says that it's a lodger agreement and that you can access the room anytime, but actually you can't, it could still be a tenancy.)