Extra beds in a multi let

[jayneypo]

Hi guy's,

I have an issue with one of my multi-lets. The tenants (all friends) have put some bunk beds up in the spare room, for friends to stay at weekends. The house is to the standard for 4 people to live there, yet this would mean up to 6 would be there...it's not every weekend, but the house is not to the legal standard for 6 people. Should I insist the beds are taken down? I do not want to be breaking any laws or rules and certainly do not want a fine. I see it fine that tenants have friends staying, but is it crossing the line if they have there own bed?

Thanks for any help!!

[jeffrey]

You can. As you let to four, and assuming that the Letting Agreement prohibits sharing occupation, enforce your rules which- after all- the tenants knew very well when first obliging themselves by entering into the Letting Agreement.

[jayneypo]

Well, to be honest, I don't mind them doing this, BUT only if it not going to get me into trouble! I don't want a fine obviously, or to breaking any law or rules that all. (as they are good tenants and have lives there a while, always pay on time etc)

[mind the gap]

Well, to be honest, I don't mind them doing this, BUT only if it not going to get me into trouble! I don't want a fine obviously, or to breaking any law or rules that all. (as they are good tenants and have lives there a while, always pay on time etc)
As long as the visitors are not using the property as their principal or only home, they are paying no rent or bills, and are not receiving post there, I do not think you will fall foul of any laws. Tenants are allowed visitors, after all.

[jayneypo]

Thanks for that, and no they don't live there or pay rent...The tenants just have a lot of friends who don't live local. Is there anywhere I can officially check this?

[jeffrey]

Tenants are allowed visitors, after all.
Yes, but visitors who bring their own beds are not overnighters!

[mind the gap]

Yes, but visitors who bring their own beds are not overnighters!

I don't see why not, although my reading of OP's post was that the visitors 'have their own beds' (as opposed to sharing the T's beds). Plenty of people have visitors who bring a camp bed or air bed with them if their hosts do not have one.

Possessing a camp-bed and bringing it to your friend's house to sleep on some weekends (if that is in fact what is happening), does not constitute living at their house! The fact that the Ts do not have permanent beds organised for the guests would seem to support their case.

Regardless of who owns the beds/airbeds/campbeds/futons/cushions on the floor/hammocks etc., etc., I cannot see how any case could be made that these visitors are doing anything other than exactly that - visiting.

[mind the gap]

Thanks for that, and no they don't live there or pay rent...The tenants just have a lot of friends who don't live local. Is there anywhere I can officially check this?

Other than installing secret cameras and employing a private detective, then no! One of the great things about this country is that you can stop overnight at your frined's house without the secret police checking up on who you are and why you are there. All things considered, I hope it stays that way! :)

[Wickerman]

As long as the visitors are not using the property as their principal or only home, they are paying no rent or bills, and are not receiving post there, I do not think you will fall foul of any laws. Tenants are allowed visitors, after all.

I was told by the council that my tenants in a five bed licensed HMO could not have guests - this would breach the cap on 5 occupants and would put me in breach of my license.

[Bel]

I was told by the council that my tenants in a five bed licensed HMO could not have guests - this would breach the cap on 5 occupants and would put me in breach of my license.

Do you think they are correct in their interpretation?

[mind the gap]

Do you think they are correct in their interpretation?

It must surely depend on their definition of 'occupants'?

I really cannot believe that a council can ban a private household from having visitors. Long-stay visitors in an HMO, fair enough. But not overnight guests who stay over every couple of weeks.

Otherwise, any family in rented accommodation could be banned from having a sleepover for their child's birthday, or a family gathering a Christmas - it's mad! Sounds like an over zealous/officious council official?

[Bel]

It sounds over zealous. But perhaps the council in question have the right to set their own license conditions. Perhaps they could insist all occupants have a tatoo for easy identification in case they inspect the premises.