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Can the landlord of a MHO insist that no visitors,(to tenants) be allowed unless by prior arrangement between tenant and landlord,and that each visitor sign a registration book. The landlord states that he is entilted to know who is on his property at all time,in the interest of saftey etc.
Thanks for any advice that may be given.
11-03-2006, 15:38 PM
In full - no!
In the UK it is considered unfair (as legally defined by The Unfair Terms in Consumer Contracts Regulations 1999 (UTCCRs)) to include such a clause in a tenancy agreement.
Badly written tenancy agreements may include such unfair clauses but they are not enforceable by the landlord.
Which side of the coin are you: landlord or tenant?
11-03-2006, 15:39 PM
I think that this would be legally and practically unenforceable in a HMO - you cannot stop people visiting the tenants - for example, would the landlord require the police or any other official body to give notice before a visit for crime or enforcment purposes?
Would you legally be able to stop a child from visiting a family relative in an HMO unless this was done by prior arrangement - I doubt it!
Signing a visitors book is a little more sensible but legally unenforceable.
thanks for swift reply. The enquirey was on behalf of tenants including myself living at my address.
11-03-2006, 16:19 PM
Regrettably for landlords of HMOs some tenants surreptitiously move people in.
Please share with us whether the visitors truly are visiting or are they living there several nights a week?
there are five guys living in bedsits above my ground floor flat,one guy is bringing back various women he has met in pubs etc,there have been cases of women stoping for a nite and all the next day,the landlord intends to prevent this by stipulating that all tenants in the house comply with his wishes that no visitors be allowed except by his prior consent.
Once again many thanks
12-03-2006, 00:42 AM
The tenants are entitled to have whoever they want as guests and the landlord is not entitled to stop them or require prior consent or the signing of a book.
The tenants are entitled under legislation to quiet enjoyment without interuption from the landlord.
Moreover if the landlord attempts to enforce his rules it is highly likely that it would be deemed as harassment if any of the tenants objected and the the matter went to court. Thus proving to be very expensive for the landlord.
12-03-2006, 08:22 AM
In some ways a guest book is a good idea in an HMO, it would give the firebrigade an idea of who was in the property should there be a fire, ok it cannot be enforced.. But i think its quite a good idea.. but on the flip side you can also say that tenants would need to sign in and out for the reasons as above! ... Oh well!
12-03-2006, 08:45 AM
one guy is bringing back various women he has met in pubs etc,there have been cases of women stoping for a nite and all the next day
Thats absolutely disgraceful, everyone knows a 'one nite stand' should be evicted before you have sobered up and realised your mistake:D
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