Can a tenant let someone stay in rented property when they are away

edgex

seven-day-weekend wrote: »

I must disagree with Comms69 on one point. It is still the LL's HOUSE. It is the tenant's HOME.

I agree though that the LL should not be using the loft for storage - but neither should someone be sleeping up there unless it is up to regulations for a bedroom.

It's the landlords PROPERTY
& like any other rented property, whether house/flat/shop/office/warehouse, the renter is allowed to do whatever they like within the bounds of the agreement & the law.


The OP has chosen to be a landlord, & chosen to do no research
Therefore the OP has chosen to face any consequences


aitchjg
Read the sticky (linked below)

https://forums.moneysavingexpert.com/discussion/5180214/tenancies-in-eng-wales-guides-for-landlords-and-tenants

theartfullodger

seven-day-weekend wrote: »

I must disagree with Comms69 on one point. It is still the LL's HOUSE. It is the tenant's HOME..............

Others would - and have - put if differently:

Whilst there is a valid tenancy (even if rent is not being paid..) it is merely the landlord's investment, but it is the tenant's home and tenant's property.

See from the excellent and authoritative landlordlaw...
https://www.landlordlawblog.co.uk/2010/08/31/urban-myth-when-a-landlord-lets-a-property-its-still-his/


Artful: Landlord 19+ years.- Still getting things wrong, still learning.

theartfullodger

Comms69 wrote: »

Fair enough.


OP a landlord can never, ever end a tenancy in the UK.


ONLY a tenant or a court can.

For clarification and source, s5 HA 1988 ...only applying to England & Wales, not all UK...
http://www.legislation.gov.uk/ukpga/1988/50/section/5

5 Security of tenure.

(1) An assured tenancy cannot be brought to an end by the landlord except by—

(a) obtaining—

(i) an order of the court for possession of the dwelling-house under section 7 or 21, and

(ii) the execution of the order, etc etc etc etc..

So landlord CAN (may, legally possible) to end an AT or AST tenancy but he needs court & bailiffs/HCEO (the "execution" bit...)

Where s7 is mentioned that's for the s8 notices..

Scotland doesn't require court, it's tribunal now... NI sorry, dunno

Comms69

theartfullodger wrote: »

For clarification and source, s5 HA 1988 ...only applying to England & Wales, not all UK...
http://www.legislation.gov.uk/ukpga/1988/50/section/5

So landlord CAN (may, legally possible) to end an AT or AST tenancy but he needs court & bailiffs/HCEO (the "execution" bit...)

Where s7 is mentioned that's for the s8 notices..

Scotland doesn't require court, it's tribunal now... NI sorry, dunno

fair enough, a judicial body*

CIS

I see others have pointed out YOU are responsible for paying council tax. Hopefully your esteemed tenant will be viewing this thread and can start proceedings to get their money back.

It's a 'possibly' rather than an absolute but it needs confirmation on what the tenancy actually states regarding the loft.

diggingdude

Never mind the eradication of S21, Landlords should be licensed and made to take courses/pass an exam. There are many good landlords (some have commented on this thread), but it is crazy to think a security guard has to pass a test and be licensed, a cleaner does COSHH training, but a landlord can just inherit a property.

As a polite notice to OP, read the advice you have been given, then read it again

Smodlet

diggingdude wrote: »

Never mind the eradication of S21, Landlords should be licensed and made to take courses/pass an exam. There are many good landlords (some have commented on this thread), but it is crazy to think a security guard has to pass a test and be licensed, a cleaner does COSHH training, but a landlord can just inherit a property.

As a polite notice to OP, read the advice you have been given, then read it again

I agree with this 100%; thank you for putting it so succinctly, diggingdude.

Artful, excellent link, thank you, too.

seven-day-weekend

theartfullodger wrote: »

Others would - and have - put if differently:

Whilst there is a valid tenancy (even if rent is not being paid..) it is merely the landlord's investment, but it is the tenant's home and tenant's property.

See from the excellent and authoritative landlordlaw...
https://www.landlordlawblog.co.uk/2010/08/31/urban-myth-when-a-landlord-lets-a-property-its-still-his/


Artful: Landlord 19+ years.- Still getting things wrong, still learning.

I am well aware that there are rules for the landlord as well as the tenant. However, that doesn't mean that the tenant owns the property, does it? They are not allowed to sell it, or otherwise dispose of the ownership. They are allowed to live in it and treat it as their home for the length of the tenancy.

Comparing it to someone buying a long lease is ridiculous, because the leaseholder DOES have a right to sell their lease or otherwise dispose of it (i.e. assign the lease to someone else).

I understand that tenants have 'rights of quiet enjoyment' for the length of the tenancy, but to say it is their house (as opposed to their home) is just plain inaccurate.

theartfullodger

seven-day-weekend wrote: »

..........

I understand that tenants have 'rights of quiet enjoyment' for the length of the tenancy, but to say it is their house (as opposed to their home) is just plain inaccurate.

I was stating it is the tenant's property whilst he has a valid tenancy:



Best wishes to all.

seven-day-weekend

theartfullodger wrote: »

I was stating it is the tenant's property whilst he has a valid tenancy:



Best wishes to all.

But it isn't, if by 'property' we mean ownership.