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Sue Cox
07-03-2007, 14:37 PM
Please could anyone tell me how long a partner is allowed to stay as a guest before they are to be concidered a tenant and need to be included on the AST? Thanks in anticipation.

jeffrey
07-03-2007, 15:02 PM
Please could anyone tell me how long a partner is allowed to stay as a guest before they are to be concidered a tenant and need to be included on the AST? Thanks in anticipation.

One cannot become a joint tenant just by cohabiting with one; it's not contagious. Only by L agreeing to an assignment of the existing Tenancy (from one to two) or granting a new Tenancy to joint residents can the new arrival become a tenant. Obviously a long-staying guest is not likely to be a lodger, so existing T runs increasing risk of being found to have unlawfully assigned Tenancy or to have unlawfully shared occupation: leads to breach of AST and, possibly, a s.8 Notice on ground 12.

DianeB
07-03-2007, 16:07 PM
One cannot become a joint tenant just by cohabitining with one; it's not contagious.

Can I please nominate this for "Quote of the Day"? I like it:D

jeffrey
07-03-2007, 16:24 PM
Can I please nominate this for "Quote of the Day"? I like it:D

If one could contract joint tenure by such proximity, it might create an A STD.

Miffy
07-03-2007, 16:48 PM
If one could contract joint tenure by such proximity, it might create an A STD.

I just knew you were going to say that! But another good one, nevertheless...

Worldlife
08-03-2007, 16:56 PM
:D Help - I need the right antibiotic to avoid fluxophoresis !!!!!!

Rabbit, Rabbit, Rabbit (http://www.ncbi.nlm.nih.gov/entrez/query.fcgi?db=pubmed&cmd=Display&itool=abstractplus&dopt=pubmed_pubmed&from_uid=13355332)

Sue Cox
13-03-2007, 13:30 PM
Sorry for the delay in my response. I have a landlord who is concerned that her tenant's girlfriend is now living with him and should therefore be on the tenancy agreement.
I take it from your reply that she can stay as a guest as long as she likes? Would you advise the landlord to draw up a new tenancy agreement, or leave things alone?

Bel
13-03-2007, 15:21 PM
A consideration: Tenant is responsible for conduct of guest and any damage. If there is trouble between the couple and number 1 leaves, number 2 could hang on and will be harder to evict if made a tenant. As a lodger or guest, she would have to leave with number 1 tenant. Hence vacant possession easier with only 1 tenant.

But if both become joint tenants, and they both leave owing rent, you can chase both of them to get your money back.

Making her a new tenant would mean referencing checks etc = hassle.

hypotheticalmonkey
14-03-2007, 11:25 AM
as far as i can tell, from the Landlord's perspective there is very little downside to NOT making the 'guest' a tenant.

from the 'guests' perspective there is a lot of downside to NOT being made a tenant

therefore - leave it be!

Poppy
14-03-2007, 11:27 AM
Ensure that you solely accept rent payments from the actual tenant.

Sue Cox
20-03-2007, 16:02 PM
Thank you - all. Good advice. I think that's covered it. Sue