Overnight Guests in Rented Accommodation

marvellousaunt

Hi all,

Can anyone enlighten me regarding the legal situation of overnight guests in rented accommodation.

A few friends of mine have clauses in their rental agreement that say 'no overnight guests for more than X nights in a row' or similar. Does this interfere with 'quiet enjoyment'? Are these clauses legal?

If you don't have ANY such clause in your contact, where do you stand?

I must stress that I am not trying to get someone into my flat for free, I have a partner who lives long distance and comes to stay at weekends. I specifically asked the LL before moving into the house if I was allowed overnight guests and was told 'Of course!' however since moving in, it appears to be a bit of an issue.

Any advice?

Gordon_Hose

If your partner isn't there longer than what I stipulated in your contract, then you have nothing to worry about.

If any guests needs to stay for any longer than what is stipulated in your contract it's best to get LL's permission. However, the chances of you getting caught out are minimal, unless he's watching the house 24/7.

Unless you live in the same building as the LL. Then it's probably best just to stick with what is in your tenancy agreement.

marvellousaunt

Thanks for the advice. My contact doesn't mention overnight guests at all, just subletting.

I live in the same building as the LL who can be a bit intrusive - on a previous occasion rung the doorbell 3x when my partner was at home during the day while I was at work. (LL knew I was at work and knew someone was at home)

nat21luv

I let a flat out and had a young girl move in. I reduced the rent by £30pcm for her as she said she would struggle to make the whole amount(she was a very genuine girl who had a very respectable job.) She contacted me a few months later to ask if her long term boyfriend(who also worked full time) could move in and subsequently, I would put the rent up to full asking pcm. She was happy with this, as was I. Its none of my business who stays there, but I do need to be informed who resides there.

Perhaps its worth asking your landlord if he has an issue with her staying for so X nights a month and if he does, perhaps add few extra pennies to your rent every month, after all, I dont know a landlord who would say no to extra cash!

marvellousaunt

I asked if it was ok to have guests before I moved in and it was

I suppose I'm just getting a bit fed up of feeling spied on from the LL, I seem to have a note under my door or a knock on my door every few weeks and I'm finding it very intrusive.

G_M

Unenforcible clause.

There is a right to 'quiet enjoyment' - you can do as you wish/invite who you wish.

Against this you cannot do certain things eg criminal activity, run a business (B&B!!), have unauthorised residents living there.

So it comes down to the distinction between a 'guest' (temporary) and a 'resident' (permenant). This cannot be simply defined (as in this clause) by number of nights. If it came to a dispute and court case, the judge would take into account
* whether the individual had a permenant address eleswhere, paid rent/mortgage elesewhere, pad council tax elsewhere
* whether the individual was a relative, partner
* how long they stayed
* whether they had a full-time job locally but their 'other' home was 200 miles away
* etc

There was a case on here recently of a tenant who's mother came to stay from overseas for 3 months. Clearly a relative visiting is a guest even though it's an extended stay. Had that 3 months been a partner who had a job locally it would have been different.

In contract - a one-night guest who paid (B&B) would NOT be acceptable.

Living in same building as landlord can be difficult (I assume they are separate flats? You don't 'share' in any way?). If he is too intrusive you can
1) write, telling him to back off , stop harassing you, and provide 'quiet enjoyment'
2) that could be a bit confrontational given close proximity, so alternative is to just ignore the slips of paper totally, if he knocks on the door politely say "It's inconvenient just now " and close the door, and if you fear he might let himself in, change the lock barrel.

Aberdeenangarse

marvellousaunt wrote: »

I suppose I'm just getting a bit fed up of feeling spied on from the LL, I seem to have a note under my door or a knock on my door every few weeks and I'm finding it very intrusive.

It's probably Rigsby wanting a Menage à trois !;)


http://www.youtube.com/watch?v=B0YOaH5n2x0

marvellousaunt

G_M wrote: »

So it comes down to the distinction between a 'guest' (temporary) and a 'resident' (permenant). This cannot be simply defined (as in this clause) by number of nights. If it came to a dispute and court case, the judge would take into account
* whether the individual had a permenant address eleswhere, paid rent/mortgage elesewhere, pad council tax elsewhere
* whether the individual was a relative, partner
* how long they stayed
* whether they had a full-time job locally but their 'other' home was 200 miles away

Living on the other side of London, paying rent, studying, working and registered in that other address.
Partner
Staying 2-3 nights at a time, every couple of weeks.
Not charged any money.


My LL has been getting funny about there being someone in my flat while I'm not there - assume the LL doesn't have a leg to stand on there? I have not made another copy of the key, I have the key with me and the OH just lazes around in bed while I'm at work until I get back! No other visitors come round, no illegal activity, no noise disturbance.


I might add that the LL requested a single person to live in the house, so I understand the LL doesn't want a couple, but there is a difference between ONE person LIVING in the house and having a life/friends/partner and a couple living there together. I specifically asked if it was ok for overnight guests before moving in and was told yes. However 2 days after moving in I got a phone call from the LA as the LL had been on at them to check I wouldn't have people there 'all the time'. I clarified what 'all the time' meant, and they mumbled something about 'well, guests every so often is ok, but not regularly' and I said - well, define regularly!? I said, nobody will be living here, but I will be having guests as per my rights as a tenant. And that's as far as it's gone so far, except for Nosy Parker LL.

norbet

I really don't see what business it is of your LL who you have over to stay and or how often. If your partner were to "move in", I suspect this would be different, you'd need to redraw the tenency agreement to include the partner - but I really don't see why this would be a "problem" for the LL.

marvellousaunt

G_M wrote: »

Living in same building as landlord can be difficult (I assume they are separate flats? You don't 'share' in any way?). If he is too intrusive you can
1) write, telling him to back off , stop harassing you, and provide 'quiet enjoyment'
2) that could be a bit confrontational given close proximity, so alternative is to just ignore the slips of paper totally, if he knocks on the door politely say "It's inconvenient just now " and close the door, and if you fear he might let himself in, change the lock barrel.

Neighbouring flats with separate, lockable front doors but shared main entrance. Very close proximity! :eek:

I tend to take action on the notes to keep LL happy but don't respond verbally or in written format, and am keeping a copy of everything that is put under my door. The worst one was a knock on the door the MOMENT I got back from work and a confrontational 'WHO else has keys to this house?' to which the answer was excuse me, nobody, and I informed the LL that I had a guest. After this I put a note under LL's door saying I have a guest atm and even if I didn't, I am often home during the day. (Read between the lines: BACK OFF.)

LL is retired who seems to be at home during the day and have nothing better to do than watch who goes in and out. Makes me feel permanently watched.

RAS

When does your AST end? What period of notice does your contract say you have to give?

Do you have a Gas Safety Certificate (if relevant)?

Is your deposit protected?