Can i share my 1 bed flat? I am a scottish secure tenant

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    Can i share my 1 bed flat? I am a scottish secure tenant

    Hi, my name is Stuart and i have been trying to find out if i can legally take in 1 or 2 lodgers in my 1 bed flat, i am a Scottish secure tenant and i am on benefits, i tried it a couple of years ago and my neighbours complained and my landlord said he would terminate my tenancy if i kept doing it but i don't think i explained it to him very well, and idk what my rights are, apparently 2 rooms lounge/bedroom can have 3 people staying before overcrowding and i read something about temporary overcrowding as well, the people that stayed when i was doing it were only staying for less than 16 days (mostly only 1-3 days) so i don't think it was overcrowding, then there is the money side of it too which i tried to tell him was only about £30 a week, they made me think i was committing fraud and i don't think i was bc i initially asked if i could have people staying over before i did it and the housing officer said it was ok.

    #2
    The taxpayer is paying your rent and board, but you intend to profit further by subletting? It's benefit fraud if nothing else.

    Comment


      #3
      thats a bit mean but i will answer, i'm not a fraudster and i tried to pay them whats wrong with that?

      i only really did it for the company anyway, this girl made me apple pie once

      Comment


        #4
        Oh, I misunderstood!

        You are going to give the money from subletting to your landlord? Really you should return it to the council.

        Comment


          #5
          Your landlord told you he will evict you if you sub-let.
          Be prepared to be evicted.

          You can have friends staying over, but not receive money for doing so.
          If you have too many - so called friends staying too often, then even without receiving money, the landlord would be within his right to say that if he wanted more tha one person there, HE will advertise for another person, and get he rent off them.

          Comment


            #6
            JK0,

            yes, it would have gone to my council if he agreed on it but bc it wasn't frequent i think that went against me too

            Comment


              #7
              its not a private landlord though its social housing but i think if i just sat down with him and talked to him he might be ok but i'm scared to do that.

              is this thread locked? :/ idk why if it is, seems like a perfectly innocent question to me.

              oops sorry, might actually be a tag lol (looks like a lock)

              Comment


                #8
                idk what my rights are
                A social housing tenant can take in a lodger, if their housing association/council tenancy agreement allows it and if they have a spare bedroom.

                If you get Housing Benefit, the first £20 of weekly income from a lodger is ignored and won't affect your HB. If meals are included, 50 per cent of anything over the £20 is also ignored.
                If you are on UC instead of HB then the rent from a lodger is not treated as income. This means that whatever amount you charge a lodger, it will not impact on how much UC you get.
                Income from a lodger will be counted, and will affect any other Income Related benefits you may be claiming.

                https://www.citizensadvice.org.uk/ho...k-about-first/

                However-
                In your particular case you have a 1 bed flat so you don't have a spare bedroom to rent. Where are you/they supposed to sleep?
                PS. if they are sleeping in your bedroom with you then that's a whole different relationship, the DWP will regard that as a civil partnership even if you are in seperate beds, and that will affect your benefits.
                (And if you are charging someone to sleep with you then you know what that is called).

                It's very unlikely that your tenancy agreement allows you to have a lodger, you dont have a bedroom for them.
                (As a Scottish Secure Tenant you can only be evicted for breaking you tenancy agreement, your LL would not have said they will evict unless they are sure that you were in breach).

                Having permission for "people staying over" means friends/relatives stopping for a few nights, it does not mean permission to taking a paying lodger.


                So all in all you do not have any right or permission to take in lodgers.
                You have been warned that this is breaking your tenancy agreement and you will be evicted if you continue to take paying lodgers.

                Comment


                  #9
                  I fear someone talkin' mince..

                  http://scotland.shelter.org.uk/get_a..._secure_tenant
                  Scottish secure tenancies and subletting

                  If you want to sublet your home or take in a lodger, you will need to write to your landlord to ask permission, explaining who the new tenant will be, when they will be moving in and how much deposit and rent you will be charging them. Your landlord has to give you permission, unless they have good reason not to (for example, because it will make your home illegally overcrowded, or because they think you are charging the new tenant too much rent).

                  If you write to your landlord asking permission and they do not get back to you within a month, you can presume they have consented to the arrangement. You should then write to them again explaining that you assume consent has been given and informing them when the tenant will be moving in.

                  If your landlord refuses consent, you can make a summary application to the sheriff court to appeal their decision. The deadline for making an application is 21 days from day your landlord notified you of their decision. Get advice from a solicitor if you're planning on going to court.

                  If you want to put your tenant's rent up, you will have to inform your landlord, who can veto the increase if they feel it's excessive.

                  As the head tenant, you will still be responsible for paying the full rent to your landlord. In addition, as the landlord of your subtenant or lodger, you will have certain responsibilities. For example, you will be responsible for making sure certain repairs are carried out, and for carrying out the correct eviction procedure if you want your tenant to leave....
                  And yes readers, a "lodger" in Scotland is a tenant and needs a Sheriff court order to be evicted...

                  MrStuart, should need any further info or advice check the Shelter Scotland website or 'phone them, Mon-Fri 9-5, 0808 800 4444.
                  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

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