Landlord trying to stop me any overnight guests under any circumstances

G_M

We'd really need to see exactly what contract was signed.

It is possible for a contract to grant greater protections than the situation suggests - ie make it a tenancy.

An if you were deemed (ie by a court) to be an Excluded Occupier (lodger), but the contract had said you would e a tenant and you were led to believe you'd be a tenant, then you'd have some recourse (not sure what: breach of contract? Fraud? repudiatory breach of a contract?)

But I don't see legal dispute as the wa to resolve this:

* LL does not want overnight guests
* you wat an overnight guest
* the property is not suitable for your needs
* Tea and cake time. Amicable discussion about how and when to end the agreement so you can move to somewhere that meets your needs.

HouseBuyer77

The crucial thing is what the contract said.

If you signed a lodging agreement you have few rights.

If you signed a tenancy then you have far more rights.

You said you signed for a room. You had a contract specifically for you (no others named or signed on the contract other than LL/agent)? Did it refer to that room specifically? Did it say it was a 'Assured Shorthold Tenancy'? Did it refering to lodging/lodger or excluded occupier anywhere? What did it say about guests?

[edit]Though as GM says the precise legal status of the OP doesn't really solve much. If the LL is living there and doesn't want guests even if they can't actually prevent you from bringing one in probably best to move on. Negotiate an early release from the contract or persuade your LL to allow occasional overnight guests[/edit]

Crashy_Time

19lottie82 wrote: »

Unfortunately not. You're a lodger so your rights are very limited indeed. However the upside of this is that you're not as tied down compared to if you were renting a whole flat.

If you're not happy with the arrangement then give your notice and look elsewhere I'm afraid!

Why would you be "tied down" renting a whole flat?

Crashy_Time

joelpellington wrote: »

When I viewed the house, all three rooms were available, and me and another boy signed for two of those rooms, then a month later when I moved in and signed the contract when I picked up the keys from the letting agency, the letting agency told me another agency had let the room out to someone, I got there and he was living there in the third room. We were under the impression he was living there applying finishing touches before everyone moved in.
Therefore I signed under the impression that I was a normal tenant, but does this mean nothing if he was there from the start of me living there?

Are you sure he is actually the landlord, not just someone who has lost the plot a bit?

joelpellington

The other tenant doesn't seem too fussed, and is more averse to confrontation, the landlord hasn't told him he isn't allowed an overnight guest but I don't think he noticed when he's his girlfriend over.
I am more keen to set the record straight and not tiptoe around and me and the landlord know where each other stand.

I'll upload the relevant parts to my contract tonight for you to see when I get home from work. However I feel like I should be treated more like a tenant as that is what the agreement makes it look like. Also if the letting agency was under the impression he wasn't living there, surely that would make the contract they have come up with one to cater for a tenant rather than a lodger?

Crashy_Time

joelpellington wrote: »

The other tenant doesn't seem too fussed, and is more averse to confrontation, the landlord hasn't told him he isn't allowed an overnight guest but I don't think he noticed when he's his girlfriend over.
I am more keen to set the record straight and not tiptoe around and me and the landlord know where each other stand.

I'll upload the relevant parts to my contract tonight for you to see when I get home from work. However I feel like I should be treated more like a tenant as that is what the agreement makes it look like. Also if the letting agency was under the impression he wasn't living there, surely that would make the contract they have come up with one to cater for a tenant rather than a lodger?

Best advice is to just move. I once had a (Muslim) landlord who said "No overnight guests ...except your parents!" He also had a habit of turning up at the flat un-announced, and even on occasion letting himself in with spare keys, on the pretence of "checking taps" or some other nonsense. He also didn`t use approved tradesmen for gas installation, putting the three of us living there in danger one time because of gas leaks, but that is another story. Eventually we just wrote to him, politely informing him that the lease we signed involves certain tenants rights under Scottish law, and that the next time he or one of his sons turned up at the flat without phoning and giving at least one days notice we would all pack up and leave. He changed his behaviour and never mucked us about again. The monthly rental was obviously more important to him than any moral or ownership issues he was paranoid about.


That was bad enough, but having the landlord actually living IN the flat with you would be an absolute no no for me, a situation like that is just wide open for drama and conflict. If they take your money they should stay out of your life unless there are repairs needing done or you are breaking the law.

moneyistooshorttomention

joelpellington wrote: »

The other tenant doesn't seem too fussed, and is more averse to confrontation, the landlord hasn't told him he isn't allowed an overnight guest but I don't think he noticed when he's his girlfriend over.
I am more keen to set the record straight and not tiptoe around and me and the landlord know where each other stand.

I'll upload the relevant parts to my contract tonight for you to see when I get home from work. However I feel like I should be treated more like a tenant as that is what the agreement makes it look like. Also if the letting agency was under the impression he wasn't living there, surely that would make the contract they have come up with one to cater for a tenant rather than a lodger?

Well - the way I'm reading your first paragraph here is = no wonder the other tenant seems "averse to confrontation". He doesnt have to go in for confrontation - because LL "doesnt seem to notice" when he has his girlfriend round. Translation = that stinks of bias to me. Either you both can have a girlfriend round or you both can't have a girlfriend. More cherry-picking by landlord. I'm afraid I would have just lost my temper big-time in your position - as I hate bias with a passion. Just as well you seem to have remained calmer than I would have...:cool:. Last time I was affected personally by bias I went straight over the head of the biased person (ie a work supervisor) to the person in charge of them - and they put the biased supervisor in their place.

Definitely best for you to upload that contract here tonight - and then we can all see exactly what it says. Most specifically - whether there is anything there in writing forbidding overnight guests.

exiled_red

Regardless of whether you are a lodger or a tennant I would be looking at options to move on, it seems the best situation for everyone.

If you have the rights of a tennant and therefore your landlord can't stop your gf staying over, that doesn't make him happy about it and he can still make the situation as difficult as he likes until you leave (and in returning your deposit).

I would make the landlord understand that the agreement is unclear and if your contact suggests that you are a tennant but that he is trying to down grade your rights to those of a lodger I would get him to agree to:
i) let you leave when you find somewhere suitable
ii) return your deposit in full
iii) you are to get any letting agency fees that you paid returned to you either by the agent or by the landlord compensating you.

Kynthia

silvercar wrote: »

If this is true, any landlord that lets rooms individually could suddenly decide to occupy one of those rooms himself and suddenly tenants become lodgers and have little rights.

I don't believe it works that way. Once you are a tenant yiu can't revert to a lodger status. While a landlord could move into an empty room if the tenants only had rented rooms, they would still need to treat them as tenants, allow them quiet enjoyment, and not breach their rights such as entering their rooms without notice.

Guest101

The OP may well have tenant rights over their room, granted by contract which is perfectly fine.