Can I take in a lodger type situation

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

  • Can I take in a lodger type situation

    Hi all,

    Would like a bit of advice on the following - many thanks in advance.

    My girlfriend has a tenancy agreement to rent a studio flat for 6 months (another 3 months remainig). She paid 6 months up front as she didnt have a full time job at the time (which she does now). Everything has been good with our experience with the introductory (letting agency) and subsequent dealings with the landlords.

    In the current situation she is hardly spending any time at her place and in addition is going away for 3-4 weeks before her tenancy agreement ends to see family abroad. One of her friends is looking for a place to rent - is it possible that my girlfriend can let her friend stay in this place for part or as much as possible of the remaining tenancy period? (The agreement stipulates that 'Not transfer the tenancy, sublet, take in lodgers or give away any part of the property without our permission in writing')..

    Many thanks
    James

  • #2
    Without getting written permission; your friend would be breaching the AST. The first step obviously would be to explain the situation to the LL and hope they give permission.

    If they withhold permission, and she takes in a lodger; they could not do much about it for the remainder of the fixed period as the court process is too long to evict before then. But they may issue a section 21 notice to end the tenancy at the end of the fixed period because she has broken her agreement, and relationships may get worse because of lack of trust. They may not give her a good reference for a future let.

    Apparently the clause in the agreement you have stated is an 'unfair term', so if for the sake of argument, she was served a section 8 notice with grounds for breach of contract, the judge may concur with the OFT that the term is unfair and unenforcable, and the LL would not be able to gain possession on this ground. But this is academic and not really relevant to your case.

    If the new friend was not paying rent, but there as a guest, she would not be in breach. Unless other members know better. ?
    All posts in good faith, but do not rely on them

    * * * * * ** * * * * * * * * * * * *

    You can search the forums here:

    Comment


    • #3
      You could diplomatically persuade the landlord that this arrangement could help protect the property against squatters or burglars and reduce the risk of damage should a burst pipe or similar maintenance issue happen while it is unoccupied, etc.

      Comment


      • #4
        Bel - Thanks for the advice and thoughts. She wont be extending her time there and would not matter if they ended it after the fixed term. She'd like to get some money (from her friend) as she has paid so much up front but doesnt want to break any agreement - if she was taking her in as a guest and not paying she wouldnt by law need need to tell LL?

        Beeber - Good plan, I think this is the approach we will take.

        James

        Comment

        Latest Activity

        Collapse

        • Mice in the flat - what to do?
          JP23
          We have had mice for a while now. There's only one or two that we see (we're not overrun) but still, they've left urine stains in our cupboard and behind the skirting it's ridiculously filthy and soiled.

          Are we legally able to pay for a cleaner then subtract it from our rent next month...
          26-07-2017, 06:02 AM
        • Reply to Mice in the flat - what to do?
          HantsAgent
          Great, but you've entirely missed the point I was making.

          If someone walked across my front garden and allowed their dog to take a massive dump I'd have more than reasonable grounds to hold them responsible for cleaning it up.

          But if they refused or claimed that it wasn't down...
          21-08-2017, 10:01 AM
        • NTQ during fixed term?
          vpltd
          Hi,
          Can a LL issue a valid NTQ during the six-month fixed term of an AST agreement?
          (A residential let in England.)
          VPL.
          11-08-2017, 14:53 PM
        • Reply to NTQ during fixed term?
          jpkeates
          Notice to quit is pretty well defined, "surrender" is not, so while that list looks complete, it is in fact not.

          For a tenant to surrender a tenancy, there should be an offer of surrender and the landlord has to accept that offer.

          If s21 notice is served and a tenant...
          21-08-2017, 09:50 AM
        • End of student tenancy
          mkgirl
          Hi

          my Daughter shared a house last year with 4 strangers as she didn't get in to halls. It's been a bit of a nightmare as the 2 lads were very disrespectful with regards to cleanliness, having people over and paying towards bills. She came home a lot and i may came home for the summer as...
          20-08-2017, 17:29 PM
        • Reply to End of student tenancy
          jpkeates
          There's only (legally) one tenant in a joint tenancy ("who" is made up of the five occupants all of whom are liable for all of the obligations of the tenant), so yes, the badly maintaining students will be subsidised by the better behaved students.

          The "Lead Tenant"...
          21-08-2017, 09:17 AM
        • Tenants reporting damp issues in flat
          james99
          Hi,

          I rent out a modern / purpose built ground floor flat which I've owned for c15 years and lived in it myself up until the last few years when I have rented it out. Never had any issues with damp when I was living there or with past tenants, however, the current tenants have reported...
          16-08-2017, 16:53 PM
        • Reply to Tenants reporting damp issues in flat
          leaseholder64
          Most head leases for flats forbid drying within the grounds but outside the flat, so requiring drying outside the property means an extended dry in the laundrette, so you if you want to impose such a rule, you should probably ban washing machines as well.

          (Where I live, a common breach...
          21-08-2017, 09:16 AM
        • Reply to NTQ during fixed term?
          jjlandlord
          The Act clearly states what a s.21 notice does, which is nothing apart from allowing the landlord to go to court.



          I have just done so.

          If a s.21 does nothing then the tenant may only end the tenancy by surrender or notice to quit. Both of which are very well documented...
          21-08-2017, 09:08 AM
        • Reply to End of student tenancy
          mkgirl
          Sadly all on one joint tenancy. We've learnt the hard way never to do this again! To be fair the lead tenant process was never explained, they just said someone had to be lead tenant!...
          21-08-2017, 09:05 AM
        Working...
        X