Lodger ignores instructions re guests staying-over

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    Lodger ignores instructions re guests staying-over


    I am sure most landlords have some sort of problems with lodgers.

    When my current lodger moved in I told her that she can have guets over if she tells me in advance. She then invited her sister and boyfriend and without checking with me, her boyfriend stayed for the night. I did not say anything as they kept themselves in her room. Since then he started to stay 1-2 nights a week and again I said nothing as I did not see any problem then.

    I recently went on holiday for 2 weeks and when I came back, it was apparent he was staying in my flat maybe not everyday but nearly all the time for these 2 weeks. She of course did not ask for my permission before I left for my holiday. As I could not find solid evidence of his continuous stay, I did not mention this to my lodger.

    He now stays 2-3 nights a week which had been fine until recently I happened to have found he was staying behind after my lodger left for work in the morning. I told her that he has to leave with her as he does not live in the flat. She also did not admit that it was not the first time he stayed behind and I could tell she was lying.

    A few weeks ago, she had guests stayed over for 3 nights, including her boyfriend then he turned up for the 4th day. I told her that she can only have guests up to 3 nights per week. So, her boyfriend did not stay over that evening.

    Only the following week, her boyfriends stayed for 4 nights and I told her she cannot have guests any more as she did not follow my instruction. She said 'that is all right' and did not argue. But she still let him stay over nights and is avoiding me since.

    A good thing is that she is moving out by early next months but I want to remind her of the guest ban. Before do that, I wanted to know what rights I have as a landlord regarding lodger's guests. Nothing about having guests is mentioned in the lodger's agreement.

    You have a choice -- either let her have him there as much as she wants till she leaves, or tell her he can't stay at all. As she has been totally taking the Mick all this time, my choice would be the latter!

    I am pretty sure that, legally, anyone in your home without your permission is a trepasser.


      Originally posted by CMRT View Post
      Nothing about having guests is mentioned in the lodger's agreement.
      I'd consider a term to have guests for a reasonable period to be implied into most lodger's agreements. Your attempted variation of that term by oral statements is unsurpported by consideration and therefore void. This means the boyfriend is not a trespasser and that you cannot impose a 'guest ban'.

      Of course, it may be that the length of the stays outweighs what would be considered reasonable.

      The above represents my own opinion, derived from personal knowledge and should not be relied upon as definitive or accurate advice. It is offered free of charge and may contain errors or omissions or be an inaccurate opinion of the law. I accept no liability for any loss or damage suffered as a result of relying on the above.


        Not much you can really do at this late stage of the arrangement, but in future, remember that lodgers have almost no rights to your home, you tell them the rules, they break them, they are evicted within the month.


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