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

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

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

    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).

    #2
    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.

    Comment


      #3
      It depends on what the agreement between you says.
      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


        #4
        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.

        Comment


          #5
          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.
          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


            #6
            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').

            Comment


              #7
              Have you always 100% lived there all the time that occupant has been there?

              Which country? ( NI, Wales...) Please
              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

              Comment


                #8
                Thank you for your post. I've always 100% lived there; it's in England (Manchester).

                Comment


                  #9
                  Originally posted by PeckhamLiveInLandlord View Post
                  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.

                  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


                    #10
                    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.

                    Comment


                      #11
                      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 ??

                      Comment


                        #12
                        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.

                        Comment


                          #13
                          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.

                          Comment


                            #14
                            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"

                            Comment


                              #15
                              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.)
                              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

                              Latest Activity

                              Collapse

                              • Reply to Can I evict all 4 T for one portion o f rent persistently withheld?
                                by DoricPixie
                                It’s a joint tenancy so you can’t bring the tenancy to an end for just one person, it would have to be ended for all of them. As a joint tenancy each tenant has joint and several liability for the whole rent so you can write to all of them stating that they are now in arrears. Those who are paying...
                                20-01-2022, 21:02 PM
                              • Can I evict all 4 T for one portion o f rent persistently withheld?
                                by lookingup
                                Dear All,

                                My T recently complained that the electric radiator was not working and so her room was cold. I had a tradesman attend. The radiator had tripped off as she had been hanging towels on it. We fixed, told her if it stops working again due to her action, we will charge a call out...
                                20-01-2022, 19:07 PM
                              • Reply to Labour taxation plans
                                by SouthernDave
                                Just dont sell… problem solved

                                If Labour get hold of this country again after Blair messed it up then we will be well on the path to becoming a socialist state and anyone who is considered well off will be in trouble. We all know that socialism doesnt work....
                                20-01-2022, 20:59 PM
                              • Labour taxation plans
                                by steaming
                                Rachel Reeves R4 this am told the interviewer that Labour (when in power) would raise money by taxing those with BTL property much more than at present, she opined it was wrong that “they” were “getting away with it”. No challenge from BBC or fact check as to present tax. You are warned.
                                20-01-2022, 16:55 PM
                              • Reply to Holding deposit
                                by Ollie2000
                                Thanks everyone for your input.
                                20-01-2022, 20:51 PM
                              • Holding deposit
                                by Ollie2000
                                Hi all, sorry if this has already been asked/answered, but can anyone give me a link to the law regarding holding deposits?

                                I have not been able to find anything official to confirm that the landlord/agent is allowed to keep this if the applicant fails to proceed with the application and...
                                04-01-2022, 14:55 PM
                              • Reply to Long term "guest"
                                by Ollie2000
                                Thanks everyone for your input.
                                20-01-2022, 20:49 PM
                              • Long term "guest"
                                by Ollie2000
                                Hi,

                                I have a very small flat let out to a single tenant. The tenancy agreement states the maximum number of occupants as one.

                                The tenant now wants her mother to stay with her as a guest for several months (she would have nowhere else to stay as she is not a UK resident). ...
                                20-01-2022, 13:21 PM
                              • Reply to Property damaged. Advice please
                                by DoricPixie
                                Your opinion on what constitutes negligence doesn’t really matter. It’s the law’s take on it that matters. If I went out and murdered someone when I wasn’t in my right state of mind then I could use the ‘diminished responsibility’ defence. That’s for a most heinous criminal offence so...
                                20-01-2022, 20:44 PM
                              • Property damaged. Advice please
                                by minorbark
                                Apologies if something similar has already been covered elsewhere. I did try to search but couldn't find anything that matched my situation particularly closely. A huge thanks in advance to any of you who do take the time to read and advise.

                                TLDR version: Police have forced entry into my...
                                18-01-2022, 21:55 PM
                              Working...
                              X