Tenant became a Lodger!?

Benji

I agree with G_M but I don't think the 2 hour gap is necessary. As tenancies run from midnight to midnight, the tenancy paperwork can end on (say) the 16th and the lodger paperwork can start on the 17th, and both landlord and tenant/lodger can sleep right through the momentous occasion.

G_M

Benji wrote: »

I agree with G_M but I don't think the 2 hour gap is necessary. As tenancies run from midnight to midnight, the tenancy paperwork can end on (say) the 16th and the lodger paperwork can start on the 17th, and both landlord and tenant/lodger can sleep right through the momentous occasion.

Depends. If it's all amicable and everyone trusts everyone, then yes, a lot of palaver can be done 'virtually.

But that leave things open to the 'tenant' later claiming tenants rights because his tenancy did not in fact end.

To be sure, the tenant must physically move out - with all his possessions. So no, "tenant/lodger can sleep right through the momentous occasion".

Hence my suggestion of 24 hours. Yep, I guess T could move out in the morning move back in the afternoon - but safer if there's a change of date. Move out in the evening move in next morning? Better.......

Benji

I think we'll have to agee to differ. As I see it, a deed of surrender is all that would be required.

Having said all that - why on earth would a tenant want to downgrade their rights?

may_fair

An AST tenant can't demote/downgrade their tenancy status even if they want to; it'd be a sham if T moved out for 2 hours, i.e. it'd have no legal effect.

SAMMYE_2

Benji wrote: »

Having said all that - why on earth would a tenant want to downgrade their rights?

Well what sparked my interest was that I had a situation a while back where I had a couple of Council tenants with a baby and they came to the end of their tenancy and they wanted to leave. I wanted to move back in but the Council told them not to leave and withold the keys saying if they did give the keys back they would be seen as leaving of their own accord and would not be homed they were told they would not be homed unless there were Baliffs literally at the door (I know they are not really supposed to do this but they do).

Obviously back then if they could have become my lodgers it would have solved the problem and I could have asked them to leave and the Council would have had to home them which in fairness is their duty.

Tirian

Presumably though this could be an issue if the owner wanted to claim tax relief through the rent a room scheme, since that applies to lodgers rather than to tenants?