Landlord has forbidden overnight guests - is this legal?

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

    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.

    Comment


      #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...

      Comment


        #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?

        Comment


          #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).

          Comment


            #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...

            Comment


              #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.

              Comment


                #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).

                Comment


                  #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...

                  Comment

                  Latest Activity

                  Collapse

                  • Opinions on this please
                    by Bobthebiker
                    Hi all appreciate your opinions on this one from the highland council I seen today as I happen to have a property Up there that will be tenant less from Saturday I guess the devil will be in the detail of the draft lease Residential leasing scheme

                    We want to increase the number of houses we...
                    22-06-2020, 18:20 PM
                  • Reply to Opinions on this please
                    by Bobthebiker
                    I think It probably does Apply here ,there’s not a lot of details up yet On the council web site but they make reference To hotel workers etc made homeless because they were in tied accommodation and they also want to utilise empty air B and B property’s Sounds like there Trying to prepare for a...
                    24-06-2020, 09:57 AM
                  • Reply to Opinions on this please
                    by royw
                    I don't know if it applies here but there seems to be a push to accomodate the homeless who were housed during lockdown and PRS was mentioned. Some will be foreign nationals not entitled to housing benefit, others will have been on the streets because they're drug addicts or alcoholics.
                    24-06-2020, 08:22 AM
                  • Reply to Opinions on this please
                    by Bobthebiker
                    Ok thanks for that section I will see what the council are actually offering and take it from there. most tenants stay a year with 18 months being the longest with voids of a few months in between each lease probably because of my caution towards potential tenants, so far I have been lucky and they...
                    23-06-2020, 12:38 PM
                  • Reply to Opinions on this please
                    by Section20z
                    I think that would depend on your deal, boilers are indeed excluded on mine and they insist on GCH cover but they guarantee to return property in same condition so I assume they replace kitchen if needed.
                    I do know they fully redecorated one of mine last year between tenants but to be honest...
                    23-06-2020, 10:25 AM
                  • Reply to Opinions on this please
                    by Sheena McQ
                    Best advice is don’t get yourself into something you can’t get yourself out of. If you want rid of the responsibility, get an estate agent to market for sale, let the looming landlords buy it if they’re so sure what they’re selling you is such a good deal.
                    22-06-2020, 22:46 PM
                  • Reply to Opinions on this please
                    by Bobthebiker
                    When you say all repairs are we talking big ticket items like boilers etc with no cost to me, is It effectively run as One of there own social housing stock then, would the council replace the kitchen say in ten years as they would with there own properties, There’s nothing To dislike about Rent...
                    22-06-2020, 22:36 PM
                  • Reply to Opinions on this please
                    by Section20z
                    I have 2 properties let to local authority's on similar schemes down south for about ten years. They do all repairs and pay rent on time with no voids. What's not to like....
                    22-06-2020, 21:41 PM
                  • Reply to Opinions on this please
                    by baldelectrician
                    Several local councils do that in my area.

                    I have known 3 landlords that used it and they had no problems with it

                    Our local council also buy homes back for about market value under certain circumstances.

                    Remember there is no right to buy in Scotland any more.
                    22-06-2020, 20:25 PM
                  • Reply to Opinions on this please
                    by Bobthebiker
                    It first popped up on my Facebook for sum reason artfull but if you put highland council lease your property Into google the top result Will take you to there page , I could be wrong but I thought it was Something new in response to the COVID situation, When you did it were you the landlord as they...
                    22-06-2020, 19:51 PM
                  Working...
                  X