Is it ok for friends/relatives to stay with a tenant for a month?

Is it ok for friends/relatives to stay with a tenant for a month?

0:04 AM, 16th May 2023, About 2 years ago 24

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Hello, I have a single woman tenant who works full time and has been in the property for about eight months, there have never been any issues and always paid the rent on time and in full. The property is a three-bedroom maisonette flat.

My question is: She contacted me on Friday afternoon to ask if it was OK to allow friends/relatives to stay with her for about a month as she is having health issues and needs regular visits to the hospital 20 miles away and doesn’t drive. I said I thought that would be OK to have them stay. She said four people would be staying in the property.

Now I know I should have asked at the time but it wasn’t until after I put the phone down I thought are they related or 4 separate non-related people? And if so is it legal to have them stay?

This is not an HMO property and I don’t want the property to be overcrowded. Should I say to her it’s not possible to have four non-related people stay as it’s an overcrowding issue?

Any advice from Property118 readers would be welcome.

Thank you,

Denrep


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GlanACC

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12:01 PM, 16th May 2023, About 2 years ago

Another thing I have always wondered about is can you prevent the tenant entering into the governments rent a room scheme, whereby there is no AST and they can get rid of the tenant at 2 weeks notice, and no court process required - you can just chuck them out.

RoseD

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12:13 PM, 16th May 2023, About 2 years ago

Reply to the comment left by Derek STOBBS at 16/05/2023 - 12:01
Where there is a single tenant in a more than one bedroom property always gives potential doesn't it? An associate of mine lived for 6 years 'sub letting' surplus two bedrooms in a flat he rented. Explained it away to agents as his visiting children's rooms when inspection took place.

Puzzler

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15:03 PM, 16th May 2023, About 2 years ago

Rent a room would be subletting and most tenancy agreements don't permit it

Reluctant Landlord

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17:18 PM, 16th May 2023, About 2 years ago

Reply to the comment left by Puzzler at 16/05/2023 - 15:03
trouble is proving it and then dealing with the fallout of getting the tenant out.....

Rerktyne

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4:24 AM, 17th May 2023, About 2 years ago

Reply to the comment left by LordOf TheManor at 16/05/2023 - 10:35
A tenant rents for £1,000 per month. She then adds two friends for £500 pcm each. She is now rent free! Not saying that’s the case but it’s plausible; this is The UK!!

RoseD

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10:12 AM, 17th May 2023, About 2 years ago

Reply to the comment left by Rerktyne at 17/05/2023 - 04:24
As in my reply to Derek. I've had several instances where I've suspected 'helping a friend' out is a bit more than that but proving it, as several comments already suggest, is difficult.

Mo Smith

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18:00 PM, 18th May 2023, About 2 years ago

This is a dilema the government has created under "overcrowding and HMO" laws lets add licensing to it.

In most cases selective licensing doesnt really have a guest policy yet your all bound by the quiet enjoyment clause. Call the council and even they cant give a straight answer.

Then it gets difficult to distinguish what is a visitor and what is a long term illegal occupier.

Well in my case one year ago my tenants asked if they can have guests 2 cousins stay over for 2 weeks. That was fine and then their father came and stayed for a few weeks again fine.

If the lady is ill just give it tye month guests will be gone if they really are guests. Thats all you can do for now.

Then explain to the tenant a few weeks after every few months is ok and the odd night a friend staying over but anything over that can constitute to illegal occupiers in which case you will have to add them to the tenancy as occupiers and increase rent or take eviction action.

Tenants will usually comply, mine did no further issues. Just needs to be reasonable really.

Another point to note every individual and household is different some people never have visiotrs others will always have visitors. The onus does ait with tue landlord to make a spund judgement.

Gillian Schifreen

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7:20 AM, 20th May 2023, About 2 years ago

Reply to the comment left by LordOf TheManor at 16/05/2023 - 10:35
Lots of people like space, myself included. 3 beds gives you a home office and guest room. Nothing unusual in that.

Jessie Jones

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23:57 PM, 20th May 2023, About 2 years ago

4 additional people would ring alarm bells for me. I would tell the tenant that as they are there for around one month then you do need to ascertain her friends 'Right to Rent' status.
It is not particularly likely, but nevertheless it is a possibility that your tenant is manipulating you to allow people who have no right to rent, to live in your property, and that could in turn lead to some big fines for you.
Nobody would expect a landlord to check the Right to Rent status of guests who stay a night or two, but staying for a whole month is more akin to being tenants than guests.
If they pass the checks, then at least you know exactly who they are. If they do not pass the checks, they will probably not try and stay as they know you are being diligent.
Also, by identifying exactly who these 4 people are, you know that it is 4, and not 5, or 6, or 10!

GlanACC

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7:50 AM, 21st May 2023, About 2 years ago

You can't do that, the tenant has a right to a quiete enjoyment of the property. You shouldn't even know they have friends staying there as they tenant has no obligation to tell you. How do you do the checks ? - ask tose staying there for their names and addresses ? - if I were one of them I would certainly tell you where to go. It might be your property, it is not your home or life. Certainly if they have been there for a few weeks you could ask the tenant how long they will be staying, but as long as the tenant isnt receiving any 'rent' for them staying not much you can do.

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