Can she rent out my rooms in my house?

Smccran

Hi All,
I've got a friend who's recently separated from his wife. She's stayed in the family home (actually changed the locks) and he thinks she's renting out a room or two. He's still paying half of everything.

Is she allowed to rent out rooms without his consent? Is there a law involved here? Or any mortgage or insurance implications?

thorsoak

Why should your friend's wife be renting out rooms in your house?

Just asking for a friend ;-)

Seriously - home insurance will be null and void and the mortgage company will need to be informed. Also, there will be implications with income/benefits so HMRC will need to be informed.

mgdavid

also she would no longer be eligible for the single-occupancy discount in Council tax.

Comms69

Yes, legally it’s perfectky acceptable.

He could ofcourse move back in and should probably stop paying for everything.

Marvel1

She is screwing you over, you are paying half the mortgage, and the lodgers are paying the other half!

Move back in.

peachyprice

She isn't allowed to change the locks. your 'friend' needs to get that sorted asap, she is not allowed to deny him access to his own property, unless of course there is a safety issue.

PasturesNew

If a house belongs to a couple and they split - both still have a right to come/go and live there as they wish (unless a restraining order is involved, of course!).

She can change the locks; equally the person locked out has the right to call a locksmith and have them changed again so they can get in. The police, if called, will simply say there's nothing they can do, legally, as the house belongs to them both.

If she's renting out the rooms, that's her choice - but that does mean that the absent owner could be "taken by surprise" if they turn up to sleep in their house without warning at any time. So, she should only have done that after negotiation and discussion .... and, of course, a portion of any rent she's taking should belong to the 2nd owner.

In short ... she thinks she's clever, getting a free house, but she's on dodgy ground and can be called out on it.