Guests or tenants?

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  • Guests or tenants?

    Please could anyone tell me how long a partner is allowed to stay as a guest before they are to be concidered a tenant and need to be included on the AST? Thanks in anticipation.
    Sue C

  • #2
    Originally posted by Sue Cox View Post
    Please could anyone tell me how long a partner is allowed to stay as a guest before they are to be concidered a tenant and need to be included on the AST? Thanks in anticipation.
    One cannot become a joint tenant just by cohabiting with one; it's not contagious. Only by L agreeing to an assignment of the existing Tenancy (from one to two) or granting a new Tenancy to joint residents can the new arrival become a tenant. Obviously a long-staying guest is not likely to be a lodger, so existing T runs increasing risk of being found to have unlawfully assigned Tenancy or to have unlawfully shared occupation: leads to breach of AST and, possibly, a s.8 Notice on ground 12.
    Last edited by jeffrey; 07-03-2007, 15:23 PM.
    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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    • #3
      Originally posted by jeffrey View Post
      One cannot become a joint tenant just by cohabitining with one; it's not contagious.
      Can I please nominate this for "Quote of the Day"? I like it

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      • #4
        Originally posted by DianeB View Post
        Can I please nominate this for "Quote of the Day"? I like it
        If one could contract joint tenure by such proximity, it might create an A STD.
        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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        • #5
          Originally posted by jeffrey View Post
          If one could contract joint tenure by such proximity, it might create an A STD.
          I just knew you were going to say that! But another good one, nevertheless...

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          • #6
            This is giving me fluxophoresis

            Help - I need the right antibiotic to avoid fluxophoresis !!!!!!

            Rabbit, Rabbit, Rabbit
            Vic - wicked landlord
            Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
            Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

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            • #7
              Thankyou - at least you made me laugh.

              Sorry for the delay in my response. I have a landlord who is concerned that her tenant's girlfriend is now living with him and should therefore be on the tenancy agreement.
              I take it from your reply that she can stay as a guest as long as she likes? Would you advise the landlord to draw up a new tenancy agreement, or leave things alone?
              Sue C

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              • #8
                A consideration: Tenant is responsible for conduct of guest and any damage. If there is trouble between the couple and number 1 leaves, number 2 could hang on and will be harder to evict if made a tenant. As a lodger or guest, she would have to leave with number 1 tenant. Hence vacant possession easier with only 1 tenant.

                But if both become joint tenants, and they both leave owing rent, you can chase both of them to get your money back.

                Making her a new tenant would mean referencing checks etc = hassle.
                All posts in good faith, but do not rely on them

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                • #9
                  as far as i can tell, from the Landlord's perspective there is very little downside to NOT making the 'guest' a tenant.

                  from the 'guests' perspective there is a lot of downside to NOT being made a tenant

                  therefore - leave it be!

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                  • #10
                    Ensure that you solely accept rent payments from the actual tenant.

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                    • #11
                      Thank you - all. Good advice. I think that's covered it. Sue
                      Sue C

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