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

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  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    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. - sort of, they could assign the lease under certain circumstances - just like a leasehold flat

    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).- They do in some circumstances

    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.



    It's not. It's very much they're house, they certainly have more rights than the landlord does
  • I accept and acknowledge tenant's rights.

    I will never accept that it is their property. Just that they have a right to live in it and to expect 'quiet enjoyment' for the duration of the tenancy.

    If you can persuade me you are correct, I shall tell my tenant that she can sell my flat if she wishes, as it is her property. (Although if John McDonnell has his way, extending RTB to private tenants, then it could well become her property).
    (AKA HRH_MUngo)
    Member #10 of £2 savers club
    Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    I accept and acknowledge tenant's rights.

    I will never accept that it is their property. Just that they have a right to live in it and to expect 'quiet enjoyment' for the duration of the tenancy.

    If you can persuade me you are correct, I shall tell my tenant that she can sell my flat if she wishes, as it is her property. (Although if John McDonnell has his way, extending RTB to private tenants, then it could well become her property).



    Ok let's use your flat as the example.


    You don't own it. You own the rights to it, via a lease.


    You have given up the vast majority of those rights, in exchange for rent, and granted a sublease.


    You can sell on your lease, and thereby the right to collect rent.


    The tenant may be able to do the same.


    Explain the difference?
  • Comms69 wrote: »
    Ok let's use your flat as the example.


    You don't own it. You own the rights to it, via a lease.


    You have given up the vast majority of those rights, in exchange for rent, and granted a sublease.


    You can sell on your lease, and thereby the right to collect rent.


    The tenant may be able to do the same.


    Explain the difference?

    How may the tenant be able to do the same? She can't sell my flat (or even my lease).
    (AKA HRH_MUngo)
    Member #10 of £2 savers club
    Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    How may the tenant be able to do the same? She can't sell my flat (or even my lease).

    But she might be able to sell HER lease
  • Comms69 wrote: »
    But she might be able to sell HER lease

    Oh I see, you mean find another tenant.

    Wouldn't I have any say in that?
    (AKA HRH_MUngo)
    Member #10 of £2 savers club
    Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton
  • aitchjg wrote: »
    Window open whilst house is unoccupied for 2 weeks...insurance!!
    Front door was brand new and nice stained wood....now painted not particularly well.
    Yes wires attached to walls....all up front of house...looks awful as not even on the edge. Guess she must have connected something as 2 sets of them.

    Yes, I know that and I wouldn't do it. But, it's THEIR contents insurance isn't it? Why are you worried about it?
    Shame about the door but you can recoup that should you wish.
    Wires would bug me too.....
    Blackpool_Saver is female, and does not live in Blackpool

  • markin
    markin Posts: 3,860 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper Photogenic
    edited 9 August 2019 at 10:04PM
    Thank you for your kind reply: Presumably in response to my I was merely asking a calm, polite question, a general question at that: Did you have an answer, please, to that general question?

    I fear you may not be aware of the consequences of not having had a GSC done promptly: Possible criminal offence & fines (sadly rarely enforced...) and possible invalid s21..

    In your shoes I would have ensured I was there ensure gas engineer gained access: For MY sake.

    btw the approach I take (3 of my properties 1,000 mile round trip away, 10hr each way drive ...) is to offer rent reductions if tenants could kindly assist with essential repairs: They usually agree, but when they don't I drive, hotels, etc etc.. It's all part of the fun of being a landlord: Oh, and perhaps not having a thin skin.

    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.

    So you're going to give notice eh, after tenant has done nothing unlawful? And landlords wonder why there is pressure to abolish s21..


    Best wishes to all


    Artful: Landlord 19+ years.

    Why would he be responsible for paying council tax?

    I think the other posters are referring to it if his family moves in.



    There is a strict hierarchy of who is responsible for paying the Council Tax on a chargeable dwelling (property). The person responsible for the Council Tax on a property will be the person who comes first on the following list:
    • a resident of the property who has a freehold interest in the whole or any part of it
    • a resident of the property who has a leasehold interest in the whole or part of it which is not inferior to another such resident leaseholder's interest

    • a resident who is a statutory or secure tenant of the whole or any part of the property
    • a resident who has a contractual license to occupy the whole or any part of the property
    • a resident of the property
    • the owner of the property
    A "resident" means any individual who is eighteen years old or over and has their sole or main residence in the property.
    https://www.preston.gov.uk/yourservices/council-tax/paying-your-council-tax/responsible-paying-council-tax-property/




    Would his family not be tenants if..
    "a resident who has a contractual license to occupy the whole or any part of the property"
  • Smodlet
    Smodlet Posts: 6,976 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I do hope the wires (and the child's presence in the loft) do not indicate the presence of a cannabis farm.
  • markin
    markin Posts: 3,860 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper Photogenic
    Smodlet wrote: »
    I do hope the wires (and the child's presence in the loft) do not indicate the presence of a cannabis farm.


    Im guessing its tv and internet for the girl in the loft.
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