T friend's L is suing her as she let me stay temporarily

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    T friend's L is suing her as she let me stay temporarily

    Hi, I was recently in the position of being made temporarilly homeless following a divorce and being forced to sell my property to pay off my husband. The new property I was buying was not ready for 2 months following the completion of my sale. A friend very kindly let me stay at her house for 2 months. I did not pay her rent as I did other things to repay such as cook, clean, look after her dog while she was away. Her landlady is now sueing her for breach of contract as I was staying there. Can she do this? Many thanks

    #2
    Originally posted by molotov View Post
    Her landlady is now sueing her for breach of contract as I was staying there. Can she do this? Many thanks
    What does the contract say about your 'friend' (the tenant) allowing guests or subtenants to stay in the property?
    Is the contract an AST in England or Wales?
    The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

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      #3
      Originally posted by molotov View Post
      Her landlady is now sueing her for breach of contract as I was staying there. Can she do this?
      She can sue for anything she likes; the issue is whether she'll succeed in court, but that still means that everyone has to go through the whole stressful process.

      Sounds highly unlikely to be that she would succeed; I believe that forbidding guests is one of those 'unenforceable' clauses? The LL sounds a bit of a piece of work; presumably she hasn't lost out financially because of this?

      Certainly most LLs let out a property based on its size, not the number of occupants; ie if I let out my 2-bedroomed house the rent is a fixed price regardless of whether the tenant is a singleton or a couple with a kid.

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        #4
        Silly Landlord. Wasting everybody's time and his own money.

        Unless of course there's more to this story than you are admitting?

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          #5
          Was the friend a long-leaseholder or only an Assured Shorthold Tenant?
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

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            #6
            this situation can also raise single occupancy for council tax purposes,as my son found out to his cost. similar circumstances when he had a friend stay with him from overseas, person not contributing to household in any manner, but someone from the council contacted him to say they had reason to believe that someone else was resident

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              #7
              Originally posted by teeps View Post
              this situation can also raise single occupancy for council tax purposes,as my son found out to his cost. similar circumstances when he had a friend stay with him from overseas, person not contributing to household in any manner, but someone from the council contacted him to say they had reason to believe that someone else was resident
              Yes, the Council were correct. Single occupancy (and its 25% discount) depends on only one adult residing.
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

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                #8
                this also brings to mind an occasion when I rented a house in devon on an AST, next door to where I lived myself and the tenants started to do holiday swaps and I found myself living next door to strangers for the whole summer whilst my tenants were staying all over the world. it took a while to convince them that this was not on!

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                  #9
                  Originally posted by teeps View Post
                  this also brings to mind an occasion when I rented a house in devon on an AST, next door to where I lived myself and the tenants started to do holiday swaps and I found myself living next door to strangers for the whole summer whilst my tenants were staying all over the world. it took a while to convince them that this was not on!
                  I cannot think that legally, an objection to subletting can be based on the fact that you as LL were obliged to live next door to people you did not know, whilst the original neighbours were holidaying elsewhere.

                  In other words, your objection would have to be based on a proven breach of contract by your T, rather than on your personal prejudice about not wanting foreigners/strangers in the house next door to yours..
                  'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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                    #10
                    Originally posted by mind the gap View Post
                    I cannot think that legally, an objection to subletting can be based on the fact that you as LL were obliged to live next door to people you did not know, whilst the original neighbours were holidaying elsewhere.

                    In other words, your objection would have to be based on a proven breach of contract by your T, rather than on your personal prejudice about not wanting foreigners/strangers in the house next door to yours..
                    teeps did not mention foreigners! Is this your famous vehemence resurfacing?
                    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                    4. *- Contact info: click on my name (blue-highlight link).

                    Comment


                      #11
                      Originally posted by jeffrey View Post
                      teeps did not mention foreigners! Is this your famous vehemence resurfacing?
                      Sigh. No, rather your famous determination to make something out of nothing.

                      Think about it logically. If T has done 'holiday swaps' and is thus able to spend his summmer in other people's homes (the people he has done 'swaps' - ie exchanges - with) 'all over the world', then it is logical to assume that some of those new occupants, at least, are foreigners. However, since it is also possible that some (or all) of the swaps were with British people who own property either abroad or in the UK, that is why I said 'foreigners/strangers'.

                      I hope that answers your carp.

                      Please spare us the fish puns
                      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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                        #12
                        No. Assume several UK Nationals. One owns a timeshare in Spain; one in Italy; one in Portugal. They swap. This is much more likely the case.
                        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                        4. *- Contact info: click on my name (blue-highlight link).

                        Comment


                          #13
                          Originally posted by jeffrey View Post
                          No. Assume several UK Nationals. One owns a timeshare in Spain; one in Italy; one in Portugal. They swap. This is much more likely the case.
                          And your evidence for that is...?

                          The simple truth is that teeps' tenant could have organised house-swaps either with UK nationals or with non-UK nationals. Both scenarios are perfectly possible (there are lots of companies which exist to help people organise such exchanges and they do not discriminate on grounds of nationality); I allowed for both in my answer. Honestly, anyone reading this without knowing you might assume you don't like the idea of foreign people living in British homes for the summer. I'm sure that isn't the case.

                          If you are so bored that you need to try to pick lumps out of me, please find something more productive to do!
                          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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                            #14
                            Evidence: http://uk.ask.com/web?q=internationa...=196&o=0&l=dir.
                            These UK websites list timeshares etc. which their members can exchange with each other.
                            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                            4. *- Contact info: click on my name (blue-highlight link).

                            Comment


                              #15
                              Originally posted by jeffrey View Post
                              These UK websites list timeshares etc. which their members can exchange with each other.
                              You are assuming (why?) that teeps' tenant organised swaps of timeshare properties. They were just as likely to have organised home/house-swaps on a one-off basis. The two things are rather different. For one thing, I understand that for timeshare swaps, you have to supply clear evidence that you own the timeshare property before any company will accept you. Straightforward holiday exchanges involving your principal home (either rented or owner occupied) are easier to arrange.

                              You really have got a bee in your bonnet, haven't you?
                              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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