tenant has a friend staying.

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  • tenant has a friend staying.

    hi
    could someone offer guidance please? My tenant has a friend in difficulty who needs a place to stay. I have agreed to a couple of weeks but what is the legal position?
    Many thanks in anticipation.

  • #2
    Originally posted by livvo View Post
    hi
    could someone offer guidance please? My tenant has a friend in difficulty who needs a place to stay. I have agreed to a couple of weeks but what is the legal position?
    Many thanks in anticipation.

    Your tenant is entitled to have guests to stay and two weeks is not an unreasonable stay (they do not need your permission for this).

    Presumably he will not be paying rent?
    '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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    • #3
      So long as you leave the contract untouched, the new occupant does not gain any tenancy rights. Even if it turns into a long-term agreement the visitor will be no more than an easily removable (by the tenant) lodger.

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      • #4
        You may need to check with housing benefits and council tax if the friend stays longer than a couple of weeks, I know it was about 4 nights a week they were classed as having that as a permanent residence but I'm not sure after how many weeks this became applicable. It also may differ by authorities but if your tenant is in receipt of any housing benefits it will affect you if the housing benefits decide that someone is living there.

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        • #5
          ally_k reasonable observation but HB and Council Tax are prob T resp.
          AST may allow T to sublet, which IMO is only constrained by duration of T. Friends/relatives may stay for many weeks and LL may require increased deposit but he cannot prevent anyone without a contractual arrangement with T from staying.
          The question posed apppears to be 'does any long-term guest of T have any tenant/lodger/sub tenant rights
          IMO No

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          • #6
            Many thanks for raising HB issue ally_k. As mariner points out -it is the T responsibility, but if HB were affected it would affect my T ability to pay the rent -and I would like the present T to stay long-term! I will pass this info to T

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            • #7
              Sorry, what I meant was that tenant is telling you they are helping a friend what if in 6 months time the friend is still there? If housing benefit aren't aware of it and find out they will see it as a change in T circs and treat it as an overpayment which they will reclaim from you. You're much better having lower HB payments and the tenant/friend making up any shortfall than having to find a few months rent to hand back to HB.

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