I have concerns about one of my tenant in a small block of flats.
The tenant, the sole occupant named on the Assured Shorthold Tenancy (AST) agreement, previously requested permission to sublet the flat for up to six months, due to planned work-related travel. As subletting is not allowed in the terms of the AST, I informed her that this was not allowed. She subsequently informed me that travel was no longer necessary.
Recently, however, I observed a parcel delivered to an unfamiliar name at her address. When I asked the tenant, she stated she was abroad attending a wedding and had allowed a friend to stay in the flat temporarily. Additionally, her neighbour reported hearing a couple residing in the flat during this period. The tenant has since indicated she has returned, but I need to verify her presence and ensure no unauthorized occupants remain in the flat.
What is the legal position regarding guests staying in a tenantâs flat? Specifically, I would like to understand the permissible duration for non-paying guests before their presence may impact buildings insurance, the tenancy agreement, or other legal considerations.
Would it be unreasonable to serve Section 21 notice.
Am not a landlord but I wouldve thought something like this would be in your tenancy agreement and also would it depend on wether the tenant was present i.e tenant present a âfriendâ may stay over but if the tenant away and someone is staying there does it contravene the TA
Also how many bedrooms may dictate
how often do you inspect in person?
Your contract should have a standard guest clause which is usually no more than 72 hours
If you feel something is amiss this is the best time do serve a s21 before the rush comes in because of RRB
Thank you for your replies.
I was using an old contract template and it only mentions subletting.
We have now decided to serve Section 21.
The current OpenRent tenancy agreement includes the following clause:
â9.40. Not to grant any licensees, take in any lodger, paying guest or person staying on either a permanent or semi- permanent basis without the prior written consent of the Landlord.â
This still isnât very clear unfortunatelyâŚ
I suspect this could be argued as an âunreasonable restrictionâ ? but Iâm no expert and doubt Iâd want to try & enforce that in court.
Just to clarify this from OpenRentâs AST, any arrangement concerning guests staying over which could be deemed âsemi-permanentâ would require the landlordâs approval, which could be withheld if youâre not comfortable.
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