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Jodie
05-07-2005, 16:39 PM
My sister has an assured shorthold tenancy with 3 others on a joint tenancy. One of her co-tenants is the landlord's daughter and is named on the agreement as a tenant (landlord doesn't live there). In the House Rules which came attached to the tenancy is a condition that no guest may stay for more than 3 days. My sister arranged for an overseas friend to stay with her (in her room) for approx 6 weeks and asked permission from the other tenants, including the landlord's daughter. Everyone was ok with this although the landlord's daughter said that she didn't think her dad would be happy with this.

Anyway, after 3 days of the guest being there, my sister then gets a phonecall from landlord telling her that if her friend isn't out by the weekend that he'll call the police in order to force him out and that he can do this as it's in his "House Rules". Surely he cannot do this and my sister has the right to have a guest for however long she wants. She is not taking any rent from her guest and had already offered to pay more towards the bills to cover any additional cost. There is no intention for her guest to stay there longterm, it will really be just for the summer. Are there any restrictions on tenants who have an assured shorthold tenancy as to the length of time they may allow a guest to stay?

Any advice gratefully received :confused:

MrShed
12-07-2005, 13:14 PM
I am FAR from an expert and so cannot really give an expert opinion. But in my opinion, as far as I am aware, it is basically your property for the duration of the tenancy and can use the property how you like, and this would include having guests as long as you wanted, regardless of what is written in the agreement. That said, if your sister did not agree with this clause in the agreement, then she should have said so prior to signing the agreement. Regardless of legal rights/wrongs, to agree (even if not legally binding) to a clause the landlord has asked for and then to go against that clause is, at the very least, somewhat dishonest, and does not lead to a good trusting landlord/tenant relationship.

I would recommend your sister to simply meet with the landlord, and be very apologetic, say it wont happen again, but explain that it is very difficult to go back on this particular arrangment now and just try to appease the landlord somewhat.

MrShed
12-07-2005, 13:15 PM
Apologies, just noticed that the clause wasnt in the agreement. Butstill, your sister should have said something if she didnt agree with this house rule. It does make it so that the landlord, almost certainly IMHO, has no legal leg to stand on however.

*edit* oh and again correct me if I'm wrong experts :) but the police would not touch the guest with a 50 foot pole.