Lease allows Tenant with Tenancy agreement but not mention of Lodger?

ben1985

Hello,

My Solicitor has been checking the lease of the flat I am buying.

She mentioned the lease does allow tenants with a tenancy agreement but there is no mention of a lodger with the Rent a Room Scheme.

I assume because you are allowed tenants it is very likely that you would be allowed Lodgers?

I hope that you are not allowed lodgers and only tenants as that will involve a lot more expense as regarding proving a tenancy agreement as opposed to a lodger agreement which only gives them licence to occupy.

Regards

BW

Jowo_2

I don't really understand your question or your concerns in this area.

Just to clarify, you don't want lodgers to be permitted (which live in with landlords, sharing amenities) and have no security of tenure but you are happy with tenants (where they occupy the property with exclusive possession).

Why is one more expensive than the other? Lodgers can be subject to the same kind of screening and contracts as tenants but the greatest difference is that the landlord must reside there and they are easy to evict.

If you decide to live in the flat and invite a friend or partner to move in and contribute to the expense, why would you not want this to be permitted?

Jowo_2

Perhaps its the case that freeholders have the right to give or withold permission for an owner to rent out the property to tenants but cannot have any say as to whether an owner can have a lodger to live in with them - perhaps this is why it is out of scope for the lease, perhaps an owner only has to get permission from the mortgage lender and insurer?

I don't know but perhaps someone else will know why a lease doesn't mention lodgers.

ben1985

You've hit it on the head there Jowo:rolleyes:, anybody anything else to add?

BW

Jowo_2

Realistically, how much control can a freeholder have over an owners choice of co-occupant? Anyway, hopefully some other posters can provide a theory about the absence of lodgers on the lease.

PasturesNew

So, OP, you are wanting to buy a flat to live in .... and you want to get a lodger? Or you don't?

Not sure what the question is to be honest.

ben1985

Hi,

Yes the flat will be mine (owned on leasehold) and I will be a resident landlord and want to know whether the lease will allow lodgers under the rent a room scheme (bearing in mind the lease DOES ALLOW tenants with a Tenancy Agreement)

Does that make sense for you :j

BW

Jowo_2

If it doesn't disallow it, then it must be allowed...?

This is based on an assumption that if a clause is not present, then it will be impossible to take any legal action against something that doesn't exist as a condition...

00ec25

the rent a room scheme has nothing to do with the occupancy status of the "lodger". The RRS is all to do with how you pay tax on the income.

this is pure speculation (its a quite day today!) but since "The grant of a license does not create an estate in land and the licensee does not gain an interest in the property, purely permission to occupy it " then may be the freeholder is not worried about a lodger since they have no rights to the land (ie the flat) which an AST tenant would have

therefore I think Jowo may be correct