Can I take in a lodger type situation

[james_aird23]

Hi all,

Would like a bit of advice on the following - many thanks in advance.

My girlfriend has a tenancy agreement to rent a studio flat for 6 months (another 3 months remainig). She paid 6 months up front as she didnt have a full time job at the time (which she does now). Everything has been good with our experience with the introductory (letting agency) and subsequent dealings with the landlords.

In the current situation she is hardly spending any time at her place and in addition is going away for 3-4 weeks before her tenancy agreement ends to see family abroad. One of her friends is looking for a place to rent - is it possible that my girlfriend can let her friend stay in this place for part or as much as possible of the remaining tenancy period? (The agreement stipulates that 'Not transfer the tenancy, sublet, take in lodgers or give away any part of the property without our permission in writing')..

Many thanks
James

[Bel]

Without getting written permission; your friend would be breaching the AST. The first step obviously would be to explain the situation to the LL and hope they give permission.

If they withhold permission, and she takes in a lodger; they could not do much about it for the remainder of the fixed period as the court process is too long to evict before then. But they may issue a section 21 notice to end the tenancy at the end of the fixed period because she has broken her agreement, and relationships may get worse because of lack of trust. They may not give her a good reference for a future let.

Apparently the clause in the agreement you have stated is an 'unfair term', so if for the sake of argument, she was served a section 8 notice with grounds for breach of contract, the judge may concur with the OFT that the term is unfair and unenforcable, and the LL would not be able to gain possession on this ground. But this is academic and not really relevant to your case.

If the new friend was not paying rent, but there as a guest, she would not be in breach. Unless other members know better. ?

[Beeber]

You could diplomatically persuade the landlord that this arrangement could help protect the property against squatters or burglars and reduce the risk of damage should a burst pipe or similar maintenance issue happen while it is unoccupied, etc.

[james_aird23]

Bel - Thanks for the advice and thoughts. She wont be extending her time there and would not matter if they ended it after the fixed term. She'd like to get some money (from her friend) as she has paid so much up front but doesnt want to break any agreement - if she was taking her in as a guest and not paying she wouldnt by law need need to tell LL?

Beeber - Good plan, I think this is the approach we will take.

James