Our flat that we let out is in the block of flats (120 flats!) fantastically managed by the management company, they are Lessor and we are the Lessees. Our deeds/covenants stipulate various conditions such as prohibition of children staying or visiting, premises not to be used as temporary sleeping accommodation, or as a business, or for “immoral acts”…, play music instruments, singing, keeping animals, … not to use or permit the premisses to be used or occupied by a person of unsound mind, shut the doors from 11pm - 8am, not to take bicycles in the building… and other items… The management company was also vetting every single tenant we had throughout their own “checking” process.
We have included a clause in our tenancy agreement (with our tenant ) which defines what needs to be done for overnight visitors.
“The Tenant is not allowed to have other people staying overnight without the consent of the Landlord. The names of the guests staying would also need to be shared with the Management Company(onsite)”
The tenant would like this clause to be removed. But we are not sure if this will put us in a difficult position with the Management company.
I certainly do not want to ban overnight visitors but I would like to keep this clause. This clause does not prohibit overnight guests but serves as a matter of transparency and protection to the flat and building. For me this also means less problems/discussions with the management company in case of antisocial behaviour, and the possibility of the Tennant moving their partner in.
that is a great management company .You have to stick with what they say …your clause is not a hardship . A phone call, " Joe bloggs will be staying overnight " As long as they do not stay forever.
Thank you Colin3, moreover, the standards tenancy agreement (withopenrent) has very similar clause … but maybe i should draft the bespoke clause slightly differently …
6.38. Not to assign sublet or part with or share possession of the Premises or any part of it nor allow the Premises to be occupied by anyone other than the Tenant and no more than the maximum number of permitted persons (the Occupancy), without the prior written consent of the Landlord.
This isn’t a similar clause, occupancy refers to a level of permanency. Tenants are allowed quiet enjoyment of the property and this includes being allowed overnight guests provided they dont stay too long. Banning them or them needing your approval is likely to be considered an unfair term and therefore unenforceable.
Seems a lil bit harsh to me personally what would happen if the tenant went out and “pulled” and wanted the person to go back would they have to (in possibly an inebriated state) ring the management agents at 4am to inform them
This doesnt sound like a suitable rental property as you cant control what the tenant will do and if they breach these conditions, the grounds for eviction are discretionary and cannot be guaranteed. You could use s21 to evict until its scrapped, but even that will take the best part of a year to achieve at the moment.