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Live-In Landlord unhappy with guest staying

I've recently moved into a property, with a Live in Landlord.
i've a fixed term tenancy for 6 months
my landlord has his brother staying on our couch for an undefined period of time.
i have a new girlfriend who stayed at the house for 3 days over new year.
she has her own place and will not be staying at my house for more than 1 or 2 nights a week - we have opposing shift patterns which means we would only see each other 1 or 2 evenings and would balance this out between each others houses.
The rent in my property is bills included
there is nothing within the signed tenancy agreement i have that refers to guests or break out clauses.

My Landlord came to me and said he expects me to pay extra because i have a guest staying over regularly. and will adjust my rent accordingly because my girlfriend is "using the facilities" ie: the toilet and the shower.
the living room is mostly off limits due to the landlords brother occupying the couch.

my landlord said if i was not happy with this he would serve me 2 months notice to leave.

what are my rights in this situation? I believe i am within my rights to have a guest staying over as part of my agreement to live in the property.
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Comments

  • samuela66
    samuela66 Posts: 1,203 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    token1 wrote: »
    I've recently moved into a property, with a Live in Landlord.
    i've a fixed term tenancy for 6 months
    my landlord has his brother staying on our couch for an undefined period of time.
    i have a new girlfriend who stayed at the house for 3 days over new year.
    she has her own place and will not be staying at my house for more than 1 or 2 nights a week - we have opposing shift patterns which means we would only see each other 1 or 2 evenings and would balance this out between each others houses.
    The rent in my property is bills included
    there is nothing within the signed tenancy agreement i have that refers to guests or break out clauses.

    My Landlord came to me and said he expects me to pay extra because i have a guest staying over regularly. and will adjust my rent accordingly because my girlfriend is "using the facilities" ie: the toilet and the shower.
    the living room is mostly off limits due to the landlords brother occupying the couch.

    my landlord said if i was not happy with this he would serve me 2 months notice to leave.

    what are my rights in this situation? I believe i am within my rights to have a guest staying over as part of my agreement to live in the property.


    With a landlord like that I would be looking for somewhere else to live, if he want to put the cost up when seomone stays, is he going to lower it when you stay at your partners:p:p:p
    Sam B
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    And he should be reducing the rent because you don't have use of the living room.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    token1 wrote: »
    I've recently moved into a property, with a Live in Landlord.
    i've a fixed term tenancy for 6 months
    my landlord has his brother staying on our couch for an undefined period of time.
    i have a new girlfriend who stayed at the house for 3 days over new year.
    she has her own place and will not be staying at my house for more than 1 or 2 nights a week - we have opposing shift patterns which means we would only see each other 1 or 2 evenings and would balance this out between each others houses.
    The rent in my property is bills included
    there is nothing within the signed tenancy agreement i have that refers to guests or break out clauses.

    My Landlord came to me and said he expects me to pay extra because i have a guest staying over regularly. and will adjust my rent accordingly because my girlfriend is "using the facilities" ie: the toilet and the shower.
    the living room is mostly off limits due to the landlords brother occupying the couch.

    my landlord said if i was not happy with this he would serve me 2 months notice to leave.

    what are my rights in this situation? I believe i am within my rights to have a guest staying over as part of my agreement to live in the property.

    Ok it's like this. U have very limited legal, statute or common law, rights. But you have contract rights.

    I do not know what your contract says, and unless u post it on here or send it in a message I won't know for sure.

    However, u are not a tenant, u are a lodger.

    Your landlord cannot increase your rent, unless there is a guest clause. So just pay the same u do now.

    Your landlord cannot give u two months notice, unless the contract says he can, AND u can do the same.
  • Kynthia
    Kynthia Posts: 5,692 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 2 January 2014 at 4:52PM
    You do not have a tenancy as you are not a tenant. When you share the landlord's home you are a lodger without tenant's rights. Both you and your landlord seem confused by this as it's very strange to have a 'fixed term' with a lodger and 2 months is the typical notice a landlord gives a tenant if they want them gone after the fixed term.

    Although you don't have tenant's rights and the right to quiet enjoyment, you do have contractural rights. Therefore unless you come to mutual agreement, both if you have to stick to the contract. What does the contract say about guests, does it say they can increase the rent, what notice must be given by either of you, etc?

    Take a look at Shelter's website for info on lodgers (excluded occupiers). Being a tenant, even in a shared property does give more rights and freedoms in how you live, but being a lodger can often mean staying in a nicer property than many shared houses and can be more flexible as you aren't usually tied to a fixed term, plus there's often less upfront costs (agents fee and expensive credit checks).
    Don't listen to me, I'm no expert!
  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    Your landlord could have you out on the street in an instant.

    If you don't like how he runs his home, then you have the option to leave.
    Well life is harsh, hug me don't reject me.
  • maninthestreet
    maninthestreet Posts: 16,127 Forumite
    Part of the Furniture
    Did you agree in advance that your GF could stay over 1 or 2 nights a week?
    "You were only supposed to blow the bl**dy doors off!!"
  • phill99
    phill99 Posts: 9,093 Forumite
    Part of the Furniture 1,000 Posts
    Guest101 wrote: »
    Ok it's like this. U have very limited legal, statute or common law, rights. But you have contract rights.

    I do not know what your contract says, and unless u post it on here or send it in a message I won't know for sure.

    However, u are not a tenant, u are a lodger.

    Your landlord cannot increase your rent, unless there is a guest clause. So just pay the same u do now.

    Your landlord cannot give u two months notice, unless the contract says he can, AND u can do the same.


    The word you are looking for is 'you'.
    Eat vegetables and fear no creditors, rather than eat duck and hide.
  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    As others have said, it sounds as though you are a lodger, not a tenant, and to be honest, given what you've described, in your position I'd be looking for somewhere else to live as it sounds as though your landlord isn't really someone you want to be living with for any length of time.

    As you have a written contract, the fist step is to check what that says - but on the face of it, it is unlikely that your landlord is entitled to change the rent. Have you asked him how much he will discount for the says you are at your girlfriend's and *not* using the toilet and shower, or how much he will deduct for the fact you don't have effective use of the living room because of his brother's occupancy?
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • phill99
    phill99 Posts: 9,093 Forumite
    Part of the Furniture 1,000 Posts
    He doesn't have to allow any one but you to stay. If I was a landlord with a lodger and he had moved his girlfriend in for x3 days, I would be mightily annoyed.

    You don't have the rights that you think you have.
    Eat vegetables and fear no creditors, rather than eat duck and hide.
  • token1
    token1 Posts: 10 Forumite
    Well. i should rephrase that given your responses.

    My Landlord is the person I live withs Brother. Who lives abroad. The person I live with is operating the house as if he was the landlord, on behalf of his brother.
    The agreement is with the absent Brother. my rent is paid to the person living in the house.

    there is nothing mentioned in the stock TA signed by the person i live with.
    no mention of guest restrictions. no mention of altering bills.
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