lodger or tenant

G_M

I too tend to agree with the view that he is a tenant.

However it may be worth exploring the reality of the situation in more detail.

I had to move out of my property due to ill health

what exactly do you mean by 'move out'?

For example, if I get sick and go to hospital, I have not 'moved out'. The period of time is clearly a relevant factor, but, for example, some years ago I spent 6 weeks in hospital, but would not say I 'moved out' and I doubt a court would say that either.

And whilst a longer or shorter period may influence a court in its decision, it would be only one factor.

Did you remove all your personal possessions from the property? Clothes? Books? DVDs? etc?

Did you inform others of your new address? HMRC? Your bank? DVLA? DWP? etc

Did you transfer to a new GP near your new address?

All these factors could, when considered in combination, lead to a court's determination of whether you 'moved out', or simply stayed elsewhere (hospital, holiday, friend etc) for a limited period of time.

I had to leave my property as i was mentally ill and it was a choice of moving into a holiday home that my new partner lived in or be committed to a hospital as I wasn't safe to be left alone (bi polar disorder).

Similarly what is meant here by 'leave'?

And how permenant is the current status of the conditon? is it likely, or envisaged, that with treatment, or a change in medication, the condition will improve to a level where you would return to the property? ie, again, this is a temporary arrangement but the property remains your 'home'?

Guest101

G_M wrote: »

I too tend to agree with the view that he is a tenant.

However it may be worth exploring the reality of the situation in more detail.
what exactly do you mean by 'move out'?

For example, if I get sick and go to hospital, I have not 'moved out'. The period of time is clearly a relevant factor, but, for example, some years ago I spent 6 weeks in hospital, but would not say I 'moved out' and I doubt a court would say that either.

And whilst a longer or shorter period may influence a court in its decision, it would be only one factor.

Did you remove all your personal possessions from the property? Clothes? Books? DVDs? etc?

Did you inform others of your new address? HMRC? Your bank? DVLA? DWP? etc

Did you transfer to a new GP near your new address?

All these factors could, when considered in combination, lead to a court's determination of whether you 'moved out', or simply stayed elsewhere (hospital, holiday, friend etc) for a limited period of time.
Similarly what is meant here by 'leave'?

And how permenant is the current status of the conditon? is it likely, or envisaged, that with treatment, or a change in medication, the condition will improve to a level where you would return to the property? ie, again, this is a temporary arrangement but the property remains your 'home'?

My cynical view is the OP left for medical reasons, but then stayed away-

Based upon:
Returning for 1 month in order to adhere to the second lease
Willing to return at short notice when rent not paid

AdrianC

I can't help but wonder if there may be issues with this "holiday home" being in constant occupation by one person since September 2014.

booksurr

AdrianC wrote: »

I can't help but wonder if there may be issues with this "holiday home" being in constant occupation by one person since September 2014.

it is common for some types of property to have 11 (or 10) month occupancy restrictions placed on them. Typically park homes on sites where the site owner would face a different tax and regulation regime if occupation was allowed fall year round. What happens during occupation, ie same family or family uses it for part time then sub lets is never an issue provided they are not there for all 12 months