Landlord has forbidden overnight guests - is this legal?

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    Landlord has forbidden overnight guests - is this legal?

    I rent a 2 bedroom student flat with a friend in Scotland, my landlord visited today and told me that anyone who stays over for even one night classes as a lodger and that is in breach of our lease. I understand that we are not allowed lodgers, but I thought that lodgers paid rent, and questioned that we're not even allowed friends to stay for a weekend? He got quite angry with me and said that any guest is a lodger. I believe he is being unreasonable what should I do?

    #2
    Edit: We live in Scotland, I'm not sure how much the law differs here.

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      #3
      Read your tenancy: Probably a PRT: When did you move in, please?


      See what is says about visitors or guests and/or 'phone Shelter Scotland 0808 800 4444

      Slàinte mhath!
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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        #4
        We moved in in September 2017,for the first 2 years we signed 12 month leases, but in March this year we signed an ongoing lease. The lease says no lodgers, but a friend who stays for a night or two isn't a lodger right?

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          #5
          I can't see how any plausible agreement can be written that could clearly distinguish a guest visiting for coffee, someone visiting for a long extended coffee with additional extras at 4am and and a very long all night coffee session.

          That said if you have two people regularly living in a room intended for one (per agreement) it creates all sorts of issues (safety, use of energy of L is paying, extra wear and tear).

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            #6
            Is your new agreement headed "Private Residential Tenancy" please?
            https://www.gov.scot/policies/privat...enancy-reform/
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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              #7
              Originally posted by katie-sb View Post
              Edit: We live in Scotland, I'm not sure how much the law differs here.
              So much so that most people here would not feel able to offer advice.

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                #8
                Originally posted by katie-sb View Post
                Edit: We live in Scotland, I'm not sure how much the law differs here.
                Housing law is very different in Scotland.
                But, even so, a lodger is someone who pays rent, otherwise, they're a guest.

                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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                  #9
                  Talk to Shelter Scotland or simply ignore the landlord (politely): If he then takes you to the FTT there's no way they will evict you for having the odd guest staying.

                  Does your college/uni have an accommodation office that can help with advice?
                  I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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