Lodger and Girlfriend

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    Lodger and Girlfriend


    We have a problem with a lodger, who holds a licence to occupy a room and use communal areas, with a resident landlord. Before he signed his licence and moved in, he questioned whether he would be allowed to allow have his girlfriend move in to his room and stay as well. We stated that we are not accepting couples into the house, but that his girlfriend can stay over up to a maximum of two nights per week. This is not in the written contract, but a verbal agreement. He took some time to think about this then came back to us saying that he will move in under that condition.

    After two months of him occupying the room, his girlfriend has more or less stayed every night of the week, and she even uses the room and other house facilities whilst he is at work all day! At no point have we given them permission for this arrangement. She is out of work and has been kicked out of her original house by her parents. We have explained that his licence states that he must not share possession of the room, or invalidate our insurance (by having more people staying than our insurance allows). Also, by having her at the house all the time, it pushes us into a HMO.

    Whilst we want to allow our lodgers to have guests over occasionally, we have to draw the line somewhere. It has now come to the point where we have enforced the two nights per week rule. The lodger has not taken this well and is kicking up a fuss, and his girlfriend is still within his room each night.

    I know this issue is a legal grey area, so I would be very grateful to hear your opinions about this. What are the legal implications of enforcing the two nights a week rule?

    Many Thanks


    When you say he has "a licence to occupy a room", does he basically share your house, but has a bedroom for his sole use?
    Allow tenants to protect their own deposits. I want free money when they do it wrong


      Yes, that is correct.


        As he's not a tenant, he has no rights at all (other than whatever you agreed contractually).
        You're at liberty to give him an ultimatum: unless he complies with your rules, he'd have to go.
        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).


          He is in clear breach of the agreement - ask him either to leave completely, or to keep to the original terms you agreed. He is taking your goodwill for granted here.
          '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


            Thanks for your help. It is clear what we have to do now.


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