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Shared ownership & lodger
sharedownershipsally
Posts: 1 Newbie
A fellow resident has just been reminded he may not sublet his room through Air B&B and pointed to clauses below.
My question is, do these points allow a live in lodger with no lock on the door?
3.16 Use
Not to use the Premises for anything other than a private residence in single occupation.
3.18 Alienation:
3.18.1 Not to assing, underlet, charge, mortgage, or part with possession of part only of the Premises.
3.18.2 Not to underlet or part with possession of the whole of the premises...
3.18.3 Not without written consent of the Landlord (such consent not to be unreasonably witheld) to mortgage or chage the Premises before Final Staircasing has been accomplished.
3.18.4 Not without written consent of the Landlord(such consent not to be unreasonably withheld) to mortgage or charge the Premises before Final Staircasing has been accomplished.
My question is, do these points allow a live in lodger with no lock on the door?
3.16 Use
Not to use the Premises for anything other than a private residence in single occupation.
3.18 Alienation:
3.18.1 Not to assing, underlet, charge, mortgage, or part with possession of part only of the Premises.
3.18.2 Not to underlet or part with possession of the whole of the premises...
3.18.3 Not without written consent of the Landlord (such consent not to be unreasonably witheld) to mortgage or chage the Premises before Final Staircasing has been accomplished.
3.18.4 Not without written consent of the Landlord(such consent not to be unreasonably withheld) to mortgage or charge the Premises before Final Staircasing has been accomplished.
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Comments
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Am I missing something or does "single occupation" mean something other than what it seems to?0
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As long as you didn't grant the lodger a tenancy with exclusive occupation of their room, I'd say that it's not subletting part of tge premises and they are part of your household (which is also the case for council tax I believe). Therefore I believe a lodger is not prevented by those lease exerts.Don't listen to me, I'm no expert!0
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Not to use the Premises for anything other than a private residence in single occupation.
Seems clear.0 -
For Council Tax purposes - as long as the actual tenant of the property is resident the situation remains the same, regardless of whether they give the 'lodger' an agreement or not. He'd simply be another occupier of the property who removed the entitlement (unless he was disregarded) to any 25% single occupancy discount.As long as you didn't grant the lodger a tenancy with exclusive occupation of their room, I'd say that it's not subletting part of tge premises and they are part of your household (which is also the case for council tax I believe). Therefore I believe a lodger is not prevented by those lease exerts.
CraigI no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0
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