Leashold - Lodger

dade95

Hello could you please let me know if I can take in a paying lodger while I live at the house (2 beds, 2 bathrooms). See below relevant clauses.

poseidon1

dade95 said:

Hello could you please let me know if I can take in a paying lodger while I live at the house (2 beds, 2 bathrooms). See below relevant clauses.

Looks as if you can with prior written permission of the managing agents and subject to your mortgage company not objecting, sublet the whole of the property.

However this is subject to a minimum 6 month term in favour of the occupying tenant.

What the clause does not seem to overtly permit is for you to take in a rent paying lodger to co habit with you. 

 No harm approaching the management company to see if they would ignore this apparent oversight in the lease. If I were the company I would far prefer you take in a lodger rather than you become an absentee landlord with an unknown quantity as a new occupying sole tenant.

jbainbridge

You're not looking to sub-let ... you want to take in a lodger. They're completely different.

Lodger's have very little in the way of rights. Do some research before you proceed ... start by searching this forum.

FreeBear

jbainbridge said:

You're not looking to sub-let ... you want to take in a lodger. They're completely different.

Lodger's have very little in the way of rights. Do some research before you proceed ... start by searching this forum.

Lodgers are excluded occupiers, so consequently, most legislation does not apply. As long as you don't grant exclusive use of any area, and never, ever, refer to them as "tenants" in any paperwork, there is no breach of your lease (or is it a rental agreement).

dade95

Thank you everyone I really appreciate your help. I am mostly worried about clause (b) of the lease as clause (a) refers to sub-letting which is not the case in my situation as I will be living with the person who would pay a monthly sum to me. I assume it is a lodger given would not have exclusive access to anything in the property. Still am in doubt if I am allowed/need to get permission based on clause (b)

RAS

Exclusive use means they are never allowed to have a fully lockable door. Courtesy bolt, or loo latch is OK, lockable from outside it not. And you technically always have the right to enter. Even if it's only to knock and remind them to clean up the bathroom or kitchen/deal with their laundry.

Albermarle

Could be useful to read generally.
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