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Rules on Entry/Exit to properties
Comments
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Im ok for them to be sub-tenants.0
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Yes, but the council may have granted permission subject to certain restrictions, namely 1 flat with 1 entrance. Change that, and your permission vanishes.I think its important to de-bunk some myths. Subletting is not illegal, its only illegal when you have not been granted permission by the council. If you have obtained permission, which is usally not refused without good reason, its perfectly fine.We will be sharing. In practice they will have their own kitchen/dining and toilet area, as it gives us privacy.Im ok for them to be sub-tenants.
You being happy is largely irrelevant. There are several other implications of having a tenant vs lodger. The other interested parties would have to be happy and you would need to fulfill the higher criteria:
* council may not give permission for tenant, only lodger.
* no rent a room allowance (you must share bathroom and/or kitchen to be RAR eligible)
* deposit protection requirements (or face upto 3x deposit penalty)
* no illegal eviction (you must serve notice + apply to court rather than just ask them to leave)
* ..0 -
So you know about gas safety, right to rent, deposit protection etc etc etc?Yes, but the council may have granted permission subject to certain restrictions, namely 1 flat with 1 entrance. Change that, and your permission vanishes.
You being happy is largely irrelevant. There are several other implications of having a tenant vs lodger. The other interested parties would have to be happy and you would need to fulfill the higher criteria:
* council may not give permission for tenant, only lodger.
* no rent a room allowance (you must share bathroom and/or kitchen to be RAR eligible)
* deposit protection requirements (or face upto 3x deposit penalty)
* no illegal eviction (you must serve notice + apply to court rather than just ask them to leave)
* ..
None of this is an issue, I don't intend to illegally evict, there will be an agreement on notice written up. I am happy to accept council's feedback on whether a lodger or sub-tenant is acceptable.0 -
None of this is an issue, I don't intend to illegally evict, there will be an agreement on notice written up. I am happy to accept council's feedback on whether a lodger or sub-tenant is acceptable.
The law tells you the notice. You're opinion is irrelevant.
Best of luck - I can see this blowing up in your face. Im out0 -
So you know about gas safety, right to rent, deposit protection etc etc etc?
I vet people for a living and work with lettings agencies regularly. It is my expertise and very familiar with doing background checks. In fact, I would opt to do my own vetting rather than ask an agency, as I know how un-scrupulous they can be for commission.
But I am not familiar with planning, building access regulations- hence why I ask here. But from my research, I can't see an actual policy against it, just perhaps in my case I am restricted but I will try asking them anyway.0 -
The law tells you the notice. You're opinion is irrelevant.
Best of luck - I can see this blowing up in your face. Im out
What you can see is irrelevant. I'm happy to obide by the law. There is no intention of doing anything illegal or breach anyone's rights.
This is about getting some information on accessing building through another entrance and if the council will grant permission or have very valid grounds for refusal, which is backed up by a regulation and not just on their feelings and paranoia.0 -
None of this is an issue, I don't intend to illegally evict, there will be an agreement on notice written up. I am happy to accept council's feedback on whether a lodger or sub-tenant is acceptable.
If the tenant refuses to leave after you have given notice, you will have to go to court in order to be able to remove them (bailiffs if they still won't go). Many 'good' people are forced to stay and go through this process if they want the council to house them afterwards, it is not something any landlord can be sure won't happen to them.
In addition to that, you will have the other legal obligations of landlords. As has been mentioned, things like properly securing the deposit, gas safety checks, EPC etc.
I really think you should be thinking about a genuine lodger, who will have few rights but will have to share some of your space, or forget about it. The second door is the least of your issues!It's not difficult!
'Wander' - to walk or move in a leisurely manner.
'Wonder' - to feel curious.0 -
I vet people for a living and work with lettings agencies regularly. It is my expertise and very familiar with doing background checks. In fact, I would opt to do my own vetting rather than ask an agency, as I know how un-scrupulous they can be for commission. - My point wasn't about whether you could do them. My 11 year old can do a right to rent check. The point is do you know that you MUST do them.
But I am not familiar with planning, building access regulations- hence why I ask here. But from my research, I can't see an actual policy against it, just perhaps in my case I am restricted but I will try asking them anyway.What you can see is irrelevant. I'm happy to obide by the law. There is no intention of doing anything illegal or breach anyone's rights. - Excellent.
This is about getting some information on accessing building through another entrance and if the council will grant permission or have very valid grounds for refusal, which is backed up by a regulation and not just on their feelings and paranoia.
Given they own the building they do not require regulation.0 -
[OP] will have the other legal obligations of landlords. As has been mentioned, things like ... gas safety checks.
Just for the sake of clarity, OP has to provide a gas safety certificate, and also check right to rent, even if the rent-payer is a genuine lodger.
OP, all this discussion of tenant vs lodger is incidental to your actual question, but people are just concerned for you, and trying to help. You appear to have been mistaken about the legal status of your flatmate, and thus far it's not been at all clear whether or not you are aware of all the ramifications of them being a tenant - that it's not merely a matter of which word you use to describe them.0
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