At what point does a guest turn into a tenant?

Jowo_2

Ultimately, a landlord does not have to provide any reason to serve notice to end the tenancy. So long as they serve the notice correctly, it stands and will be easily enforced in court if the tenant does not observe it.

So a tenant can push back on the landlord's criticism of their guest, citing their right to have guests enshrined in housing law, etc, but any tenant who hacks off their landlord, however unfairly they feel the grounds are, can expect to be asked to move on.

Even without recourse to specific legal clauses, to me on as an informal definition, a guest is an occasional short staying visitor whose primary residence is elsewhere.

Far better to resolve this diplomatically and reassure your landlord that their observations are groundless and emphasise your compliance with the tenancy contract.

M.Holloway

Council tax not an issue here, bills not included in rent.

SO: How long can someone that does not pay or contribute anything towards a house in any way stay there with two full paying and otherwise completely compliant tenants please?

Cannon_Fodder

Depends on the landlord.

They don't have to say that is why they want to serve notice. You might suspect, but how would you prove it?

Tell your flatmate to go to her place half the week...

Jowo_2

So has she moved in? Or does she rent a property elsewhere and is just a frequent guest?

Because she either lives there (as your landlord alleges) or she doesn't.

clutton_2

your LL is quite right to be concerned if there are any non-tenants living in his property as they will not be coverd by his insurance and the current tenants are now in breach of their agreement by subletting....

if the girl friend set fire to the property the LL would have one helluva job getting it rebuilt on the insurance.....

M.Holloway

@ CF, do we need to?

@Jowo, Sorry if I wasn't clear. She is a frequent guest.

@clutton, Define living.

From the looks this is very grey area!!!!?!?!?

Is the definition of living somewhere subjective?

What defines a person as living somewhere IN THE EYES OF THE LAW

At what point does is a guest more than a guest IN THE EYES OF A LAW and WHAT EVIDENCE IS USED TO VERIFY THIS TRANSITION?

M.Holloway

clutton wrote: »

your LL is quite right to be concerned if there

if the girl friend set fire to the property the LL would have one helluva job getting it rebuilt on the insurance.....

Incorrect, guests are included as our responsibility as per the tenancy agreement. Which the ins company must have signed off on.

Jowo_2

M.Holloway wrote: »

Incorrect, guests are included as our responsibility as per the tenancy agreement. Which the ins company must have signed off on.

I can't comment on the insurance liability from a legal viewpoint.

But the contract is between you and the landlord and not between him and the insurers.

Any obligations that are between landlord and their service providers, such as insurance and mortgage lender, is between them. A good landlord will have sought permission to let from their lender and arranged landlord insurance (as residential insurance for owner occupiers are invalid in a rental situation).

But the insurance company will not have viewed and signed off on the contract between tenant and landlord.

clutton_2

OP you seem intent on proving that the person is living there... there is no definition that i can find of "living" - but DPW will reassess someones benefit if they have an overnight guest for more than 2 nights a week - some places 3 nights a week..

if we knew exactly why you wanted to know we might be in a better positoin to refer you to some other website..

as a LL if i found tenants who were consistently living with others who were not on the AST i would probably give them notice... i am doing that today as it happens .... an original family of one mum and two boys is now one mum, two boys, two girls (adult children) and another single parent mum with 2 kids.. all in a two bedroomed terrace.. wear and tear..... will cost me a lot more than if they had stuck to their original agreement...

martindow

I'm surprised there are not problems with the other tenants who pay their rent waiting to get into the bathroom or fed up with an extra person crowding the place who contributes nothing (except for the b/friend of course).