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Assured Shorthold Tenancy and occasional guests

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582 views 1 replies latest reply: 12 January 2017
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Tenant

Hello,

I am about to rent a studio flat and I have been sent the Assured Shorthold agreement to sign, but I have a doubt about one clause within the tenant’s obligations section, being as follows:

•Not to take in lodgers or paying guests or permit any person other than the person(s) named as the Tenant in this Agreement and his children to occupy or reside in the Premises up to a maximum of one adult occupants unless the Landlord has given consent, which shall not be unreasonably withheld. 

 

I am not worried about lodgers or paying guests (that’s not gonna happen) but rather about the second part that says that only one adult can reside or occupy the house. Does it mean that every time I have a guest, in theory, I have to ask the landlord’s permission?

I assume that’s not the case, and the clause refers only to people that actually move in for an indefinite amount of time.. but the question is: how the law distinguishes between a guest and a resident/occupier ? Is there a time limit after which a guest is considered a resident?

 

Thank you very much.

Carlo

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Tenant

This is a normal clause in Assured Shorthold tenancy agreements. It actually exists by default, as it’s the landlord’s right to permit (or not) additional people staying / living in the property. 

As for guests, a stay-over is not residentship. I think if you have guests for a night or two, you shouldn’t bother to ask the landlord. If they plan to stay for a week, or more, maybe you should mention it to them. 

If they plan on living with you for a longer, you should definitely ask permission.

Here is some more info:

http://www.thetenantsvoice.co.uk/advice_from_us/tenancy-agreements-assured-shorthold-tenancy-ast/

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