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Question

Changing the Terms (England) | During the Tenancy (England) | England

Guest in excess of 30 days

18 May 2021 | 2 comments

Advice please, tenant advised us they were “helping out a friend” allowing them to stay in their one bedroom flat.  We said this would need to be a temporary arrangement of  up to 14 days, if longer we could consider permitted occupier or adding to tenancy following all the usual checks.. this was 6 weeks ago. mid April tenant said guest had left.  Yesterday I had a voice mail (from the guest) saying the shower wasn’t working.  I immediately phoned tenant, but phone was picked up by “guest” who said he was away.  I have spoken to tenant today, who is still away, I have said we will not attend for the shower, (there is a bath) until he is home.  Also said there is a need to complete right to rent checks now, as i think i do but not sure? he said no need as she is now moving! i am concerned tenant has actually sublet, or that i am in danger of creating an implied tenancy, should I use the temporary guest letter? help please

Answer

2 Comments

  1. guildy

    You were right not to take any instruction from the guest as that could in theory treat them as a tenant rather than the guest they are.

    We also see no issue with repairing the shower when the tenant is home because presumably they don’t need a shower whilst they’re not there! That being said, now that you’ve had the instruction from the tenant directly, it could be done now if you wish.

    We don’t see any need for the letter because that’s only really suitable for before the event. Your conditions of allowing the guest seem perfectly clear and logical so we don’t see how the letter will now add to that.

    Beyond this, there isn’t much more that can be done realistically. You’re not bound by the guest in any way so, as far as you’re concerned without more, the tenant is occupying as their principal home (they could be temporarily away but that doesn’t stop the property being occupied as their main home). Presumably you’re getting the rent so there’s not much more that can be done.

    You could do a letter to the tenant reminding them of the term in the tenancy and your original conditions that there is no sub-letting or guests beyond what you already agreed and if any remain, they should be asked to leave.

    If you wanted to be cautious, you could give the tenant notice (depending where you are in the tenancy) but you’re better waiting until after 1st June because there’s a new form and the length is reduced from 6 to 4 months.

  2. ajl short

    Thank you as always Gildy

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