View Full Version : Tenants want to have a Barbeque without asking
missel
03-05-2005, 14:20 PM
Hi
Pls could you give some advises on this ?
It may be a small matter, but because of the neighbours and drinking people...I'd better to be cautious
My tenants at the property have been trying to organize a barbeque with friends without letting me know, waiting for the me to go abroad.
I 've just found out from the last tenant arrived.
Do the tenants have to ask before doing anything in the house ?
Can i make it clear that if there's anything damaged during the party it will be their responsability and not mine ?
Shall I allow it at all ?
Thanks
Editor
03-05-2005, 15:17 PM
You have got to appreciate that when you create a tenancy in law, as you do when you let out your house, you are giving your tenant property rights.
This is different than in the case of a lodger, where you merely give a right to occupy - here you can impose restrictions.
Unless the agreement specifically bars certain activites, and if clauses are too restrictive they would be deemed unreasonable and therefore unenforceible anyway, then the tenants can treat the property as though they were owners for the duration of their stay. In other words, no need to ask the landlord's permission to have a party!
This may be different in an HMO situation where several tenants share common facilities - here you may be able to restrict activites in common areas such as the garden.
missel
Do you have a tenant or a lodger ? It is not clear from your post.
Zoe
missel
03-05-2005, 16:48 PM
Sorry Zoe
Didn't specify that ! I am waiting for my house to be completed in 15 days, therefore i am temporarily occupying one of the rooms in the house, for only few hours a day, and however i never sleep in the house.
They still have a Licensee agreement as i use to permanently live in the house . I have taken most of my staff out of the house and keep it in a storage while waiting for the house to be completed, as the previous sale fell through .
In the house there are 4 people + me when iam there ( few hours only to use the internet )
Because of my special treatment for them ( i guess ) they have become very friendly to each other, and everytime a tenant would go, i use to let them choose, between all house viewers, which person to put in the house.
- I even opened a bank Account for two of them and let them use my personal laptop to check the e-mails, have also given a discount of £10 pounds on each rent and share the fifth part of the Bills, sometimes I pay it all.. but only one Bill ie; electrycity, or gas or water...
Obviously people do whatever they want as there's no rota for the cleaning, or other don'ts, apart from keeping the noise down...etc..
I think it all depends on the Landlord... if he's kind at first and very friendly then people will not respect so much the house ..they tend to become very friendly to each other and join when the moment comes to obtain anything, or at least they try.
In another place i have tried to be strict and fair at the same time, and guess what !? People are more careful about other's rights.
Have also installed the gas meter with a prepayment card, and another change happened... before i use to chase them when the Bill would come, ( as it is on my name ) , now they chase each other and are very careful for who's taking friends in the house.
Yes, you can well say they are still Lodgers, as i have not given them the proper AST, and infact i cannot do that as i am still using a room for few hours... a day.
Any suggestions ? Please
Editor
Thanks for the specifications
However, wheter they have the AST or not ( Lodgers with Licensee Agreement ) does it change anything if the guests of the guests break something in my property ? They will still be responsible for the damages or if somebody gets drunk and shouts, there4 police will be called..
It is not a must for them to inform me, but it is a must for them to respect my house .
Thanx I would appreciate your point of view
Editor
03-05-2005, 17:35 PM
The fact that you have not given them a tenancy agreement as opposed to a licence agreement does not make any difference - it is just the same if there is no agreement. It's the situation that counts.
Also, the fact that you occupy for a few hours does not make you a live-in landlord, thereby making them lodgers - it must be your main residence.
Therefore I would say these are your tenants and my previous points apply.
In any event they are obviously responsible for breakages.
missel
04-05-2005, 10:04 AM
Thanks got the point .
I am thinking to get rid of all party people, that's probably the best...
I can do that, as on the agreement it is written : both parties can end the tenancy by giving one month notice...
They don't need to know the reason why, but they may guess
Regards
dazalock
04-05-2005, 11:02 AM
IF they are Tenants it doesnt matter what the AST/agreement says, you have to give 2 months notice on a section 21. Have a look at previous posts as to what Section 21 to serve and the notice periods to give.
missel
05-05-2005, 05:48 AM
Yes, indeed dazalock, just read it : it's section 21a
When i told them yesterday, they asked me to stay at least two more months..and of course i agreed .
Thanx
markshoe
07-05-2005, 16:55 PM
why dont you go to the bbq yourself to make sure no one gets out of hand and takes liberties with your house
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