Estate Agent Blocking Friend From Moving In

gary224

hi bazzyb,

thanks.

so for my friend to move in. and for him to pay rent, its a lodger.

What do i need to do as the main tenant? can he just move in?

I was told by the agent, that he cannot move in until he is on the contract. I was told this is the UK Law

RAS

http://england.shelter.org.uk/get_advice/sharing_and_subletting/lodgers

Shelter's advice can be loaded towards the lodger IMO.

The best thing is to keep it verbal. If you write a lodger agreement that looks like a pseudo-tenancy, you grant your lodger more rights than they have by law.

The main thing is to give your lodger notice to leave sufficiently soon before the tenancy ends so that you can be sure of vacating if you are leaving.

BitterAndTwisted

gary224 wrote: »

Oh okay, "lodger." So if i have a lodger, what are the legal things i need to do. I was told by the agent that if someone lives here and pays rent, then he must be on the contract.

What are the rules regarding a lodger?

There aren't any rules regarding taking in a lodger. They have no security of tenure so if you wanted them to go, then go they will have to. If the landlord wanted to evict you, then they would have no security in law either.

The agent will obviously want the extra person on the contract as they can charge for it! Credit-checks, re-drawing the tenancy agreement. Do nothing and they can't earn an extra cent from either of you.

RAS

gary224 wrote: »

I was told by the agent, that he cannot move in until he is on the contract. I was told this is the UK Law

Most agents have NO legal training.

They like the nice fat fees they get for credit checking, referencing etc.

As long as you live in the property and get your friend to leave before you do, there is no legal problem.

BitterAndTwisted

gary224 wrote: »

hi bazzyb,

thanks.

so for my friend to move in. and for him to pay rent, its a lodger.

Correct!

What do i need to do as the main tenant? can he just move in?

Yes, he can. If you wanted to draw up a LODGER'S agreement, you can do that as well but they are not formally necessary. Drawing one up won't give your pal any extra rights that he wouldn't otherwise have (i.e. none)or give you any additional legal responsibilities.

I was told by the agent, that he cannot move in until he is on the contract. I was told this is the UK Law

This in NOT UK law! The agent is making !!!!!! up as they go along so they can charge fees for it.

Ignore. Ignore. Ignore.

gary224

thanks guys.

System

Don't forget to check your tenancy agreement otherwise you could see a S21 being issued

gary224

!!!!!! wrote: »

Don't forget to check your tenancy agreement otherwise you could see a S21 being issued

i dont understand.

will i lose my deposit and more fines for having a lodger?

BitterAndTwisted

No you won't but the agent could encourage the landlord to end your tenancy at the end of the 12 months. Change-over of tenants means another tenant-finding fee and more mark-up on the credit-checks for the agent. Kerching!

benjus

A S21 notice is a no-fault notice, meaning that the landlord wants you to leave, without having to give any justification. It can be issued to expire at the end of the fixed term of the tenancy, or to expire with 2 months' notice on a periodic tenancy. Once it expires the LL can begin court proceedings to evict you if you don't leave voluntarily.

In other words, you may be doing nothing illegal or against your contract, but if the LL doesn't like you having a lodger he can serve a S21.