Paying for overnight guests in rented flat?!

Layla85

Hi everyone,

I recently found a lovely studio, at a reasonable price (no mean feat in London!) and would like to move in. There is, however, a worrying catch. The landlord (who lives in the flat downstairs) has insisted that if I want to have overnight guests in the property - even if it is a long term partner - I must text ahead to inform them and pay a charge of £5 a night for their stay.

I was very shocked at this request, having never encountered it in any other property. I obviously understand their concerns about not wanting to create a 'boarding house' situation in what is a large house of rented studios, with single occupants. But I'm in my early thirties and respectful enough to people around me. And whilst I'm currently single, I would not want my living situation to stand in the way of future relationships, and also feel that my private life is none of their business.

Has anyone ever encountered this clause? Is it even legal?

glasgowdan

Accept the lease with your own condition of not paying a fiver for a guest staying over?

Pixie5740

If you are a tenant with an AST then it is none of your landlord's business who you invite into your home and how often you have someone staying over. He cannot charge you extra for having guests in your home. No clause added to a TA along those lines will be legally enforceable.

Will you actually be a tenant with an AST in this studio flat though? Will you have to share any facilities with your landlord or does the studio have it's own bathroom and kitchen area? I ask because I've seen some "studios" for sale in London which appear to be bedrooms only with a small fridge and kettle in the corner of the room but you have to share a cludgy with other "studios". Funnily enough those properties were available to cash buyers only.

Layla85

Hi Glasgowdan,

Thanks for your reply. That would be my preferred choice, but they have a lot of interest in the flat and this seems to be non-negotiable for them. I suppose what I'm trying to find out is whether this is as unreasonable a request as I think it is, or if I'm being naive and, in fact, this is something that happens in many privately rented properties.

Layla85

Hi Pixie5740

Thanks for your reply. It's a six-month tenancy and I have sole use of the studio, which has its own kitchen and bathroom. I believe that this would make it an AST. My landlord lives in the flat downstairs. They've been landlords for about 20 years or so, and I think this clause in their contract might be something they've done for a while.

jbainbridge

Is the flat a property in it's own right? i.e. it's own address, front door etc.

Just wondering how they could actually enforce it. That said ... it sounds like the landlord is difficult ... so I'd be thinking twice about taking it on.

Pixie5740

It doesn't matter how long they've been doing it for, if you are a tenant with an AST they cannot charge you for having overnight guests. However, it isn't difficult to get rid of a tenant providing they get the paperwork right you could be gone in less than a year if you don't play by their rules because a Section 21 needs no grounds whatsoever for eviction.

This charging for overnight guests would ring alarm bells for me. What other weird and wonderful rules for tenants could they have?

Bluebirdman_of_Alcathays

Sounds like a nightmare

http://www.independent.ie/irish-news/must-shower-at-least-once-a-day-wear-deodorant-the-108-crazy-rules-these-tenants-are-forced-to-live-by-35255339.html

theartfullodger

Pixie5740 wrote: »

If you are a tenant with an AST then it is none of your landlord's business who you invite into your home and how often you have someone staying over. He cannot charge you extra for having guests in your home. No clause added to a TA along those lines will be legally enforceable. .....

Apologies Pixie for perhaps disagreeing: If this were a documented clause, agreed by both landlord & tenant, signed etc, why could the landlord not pursue the tenant for his £5(s) due to breach of contract, and probably win??

I can see prohibition of guests is frowned on in OFT356 but not charging for them: That it is a weird condition indicating landlord is a bit (more than usually) a loony is another matter.

Also note OP says "flat downstairs". Unless these are "purpose built" flats then, as landlord is in same building he will be a resident landlord as per schedule 1(10) of HA 1988...
http://www.legislation.gov.uk/ukpga/1988/50/schedule/1/part/I/crossheading/resident-landlords

- and so tenancy cannot be (may not be, legally impossible to be) an AST anyway.

Best regards to all!

Layla85

I can see that they've added it as an addendum to the AST agreement. I agree, it's ringing huge alarm bells for me.

Guest101

Layla85 wrote: »

Hi everyone,

I recently found a lovely studio, at a reasonable price (no mean feat in London!) and would like to move in. There is, however, a worrying catch. The landlord (who lives in the flat downstairs) has insisted that if I want to have overnight guests in the property - even if it is a long term partner - I must text ahead to inform them and pay a charge of £5 a night for their stay. - I think you're safe to ignore this clause. It would be fairly unenforceable without he landlord in essence admitting to stalking you.

I was very shocked at this request, having never encountered it in any other property. I obviously understand their concerns about not wanting to create a 'boarding house' situation in what is a large house of rented studios, with single occupants. But I'm in my early thirties and respectful enough to people around me. And whilst I'm currently single, I would not want my living situation to stand in the way of future relationships, and also feel that my private life is none of their business.

Has anyone ever encountered this clause? Is it even legal?

It's legal to ask for, and you'd probably be evicted eventually, but equally you could suggest that a brothel is not the best business model....