Private Residential Tenancy - number of occupants

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    Private Residential Tenancy - number of occupants

    The previous lease at my flat in Scotland did not start well. I was told by my agent that the tenants were a "middle aged couple" but it turned out that they were a family of five with three small children.

    In light of this I am concerned by the Private Residential Tenancy wording. The following is a statutory clause:

    13. Notification About Other Residents

    If a person aged 16 or over (who is not a Joint Tenant) occupies the Let Property with the Tenant as that person's only or principal home, the Tenant must tell the Landlord in writing that person's name, and relationship to the Tenant.

    If that person subsequently leaves the Let Property the Tenant must tell the Landlord.

    The Tenant will take reasonable care to ensure that anyone living with them does not do anything that would be a breach of this Agreement if they were the Tenant.
    My understanding of this would be:

    1. Subject to remaining below the statutory overcrowding threshold, tenants can move children into the property as they wish without informing the landlord.

    2. Also subject to remaining below the statutory overcrowding threshold, tenants can move persons over the age of 16 into the property as they wish as long as they inform the landlord. The landlord has no power to prevent it.

    Is this the case?
    There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

    #2
    That appears to be a section from the Scottish Governments "Model Tenancy Agreement".
    https://www.gov.scot/publications/sc...ncy-agreement/

    You seem to have left some things out of that clause in the bit you quoted, but nevermind.

    You shouldn't just read clauses in isolation, in this instance you also have to consider clause 12.

    12. Subletting and Assignation

    Unless the Tenant has received prior written permission from the Landlord, the Tenant must not:
    • sublet the Let Property (or any part of it),
    • take in a lodger,
    • assign the Tenant's interest in the Let Property (or any part of it), or
    • otherwise part with, or give up to another person, possession of the Let Property (or any part of it).
    Letting someone else live there would be giving up 'part of' the let property (a bedroom?) and so would need the landlords prior written permission.

    Comment


      #3
      Originally posted by nukecad View Post
      You seem to have left some things out of that clause in the bit you quoted, but nevermind.
      I didn't. I intentionally quoted the statutory part of clause 13.


      Originally posted by nukecad View Post
      You shouldn't just read clauses in isolation, in this instance you also have to consider clause 12.
      Yes, understood. Not sure where the line would be drawn between 'sharing' and 'giving up'(?)
      There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

      Comment


        #4
        Not sure where the line would be drawn between 'sharing' and 'giving up'(?)
        That's one way lawyers make their money, arguing about where those lines are, or should be.

        Comment


          #5
          I'm fairly sure that clause 12 would not prevent tenants from moving their children in. Adults, yes... maybe - although it seems fairly ambiguous.
          There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

          Comment

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