Lodger in one bed council flat

[Consumer dude]

Can a council tenant take in a lodger in a one bedroom flat, without it being assumed that a partnership has been entered into..

[Consumer dude]

Bump..

[assisted blonde]

bit squashed:-)

[Consumer dude]

I know it won't be overcrowded legally. Was thinking of taking in a lodger, however I don't need there income to be part of my income. Just thinking of where to put the other bed. lol..

[snowdragon]

bed settee?

[caro]

I think you'd need permission from the council.

[45002]

I think you'd need permission from the council.

 

And is the OP in recipt of any benefits,including income related benefits which may be affected by a logder ?

[caro]

If you had a lodger would it be reclassified as 2 bedroomed?

[Consumer dude]

Tenancy agreement states it is a one bedroom, what is the legal status of a bedroom anyway ? If it means that only one room is a bed room, what happens if someone sleeps on a sofa bed in the living room. Does the living room then become a bedroom. The other situation could be another bed in the room that is the bedroom and if that were the case, is it the situation that it is still two single people that are simply sharing space regardless of any attempt to say otherwise..

[45002]

Tenancy agreement states it is a one bedroom, what is the legal status of a bedroom anyway ? If it means that only one room is a bed room, what happens if someone sleeps on a sofa bed in the living room. Does the living room then become a bedroom. The other situation could be another bed in the room that is the bedroom and if that were the case, is it the situation that it is still two single people that are simply sharing space regardless of any attempt to say otherwise..

 

 

 

Are you in receipt of any state benefits,especial Income related benefits which could affected by having a lodger ?

[Desperate Daniella]

You'd definitely lose the one person discount on Council Tax.

[caro]

Tenancy agreement states it is a one bedroom, what is the legal status of a bedroom anyway ? If it means that only one room is a bed room, what happens if someone sleeps on a sofa bed in the living room. Does the living room then become a bedroom. The other situation could be another bed in the room that is the bedroom and if that were the case, is it the situation that it is still two single people that are simply sharing space regardless of any attempt to say otherwise..

 

I understand that a room being used as a bedroom could potentially be reclassified as such. I suspect this may affect the rent payable too. I think it's likely they would find it hard to believe that 2 adults sharing a room weren't in a relationship but I don't have any evidence to support this.

[stu007]

I think you may find it hard to get the Councils Permission for a Lodger in a one bedroom property.

 

Remember you must ask and get written permission from your Landlord before taking in any Lodger otherwise you may be in breach of your tenancy agreement.

[Desperate Daniella]

I think you may find it hard to get the Councils Permission for a Lodger in a one bedroom property.

 

Remember you must ask and get written permission from your Landlord before taking in any Lodger otherwise you may be in breach of your tenancy agreement.

 

Most tenancy agreements do stipulate who is going to be living in the property.

[stu007]

@ Desperate Daniella

 

What you need to bear in mind the Tenants Tenancy Agreement with the Social Housing Landlord will never change to add in a Lodgers name as this is a private arrangement between the Tenant and Lodger but the Tenant does need to get permission from Social Housing Landlord in writing before taking in any Lodger unless there Tenancy Agreement has a Clause saying otherwise.

 

So even after getting written permission from social housing landlord the Lodger agreement is between the Tenant and Lodger and is a private matter between them and nothing to do with social housing landlord.

[Guest]

...the Tenant does need to get permission from Social Housing Landlord in writing before taking in any Lodger ....

Edited April 19, 2013 by Ford

[stu007]

Even if there is a clause saying otherwise I would still suggest getting the social housing landlords permission

[45002]

@ Desperate Daniella

 

What you need to bear in mind the Tenants Tenancy Agreement with the Social Housing Landlord will never change to add in a Lodgers name

.

 

Tosh ....

 

 

 

LL's can put what they like into a TA,as long as it's not against the law what they are adding or unfair terms in a tenancy agreement as per OFT...

Edited April 20, 2013 by 45002

[Desperate Daniella]

That's what I thought.

 

Because if the landlord wants to sell the property he has to do so with vacant possession so he must know who is in his property.

[stu007]

Just let me clarify I am talking about Social Housing Landlords not Private Landlord

 

1. A Social Housing Landlord will never add a Lodger to a tenancy agreement as its a private arrangement between Tenant and Lodger even after they get written permission from Landlord.

 

Tenant has a Secure Tenancy Agreement with Social Housing Landlord affording them the rights and protection of a Secure Tenancy Agreement.

 

The Social Housing Landlord will not add a Lodger to that Tenants Secure Tenancy Agreement as it will affording that Lodger the exact same rights and protection as the Tenant when they are only a Lodger and not a Tenant.

 

Even after the Tenant gets written permission from the Social Housing Landlord it is still a Private arrangement between Tenant and Lodger and the Tenant would need to have in place a Lodger Agreement which the Social Housing Landlord may request a copy of.

 

2. Private Landlord can as you say add whoever they want to a Tenancy Agreement.

Edited April 20, 2013 by stu007

[45002]

Just let me clarify I am talking about Social Housing Landlords not Private Landlord

 

1. A Social Housing Landlord will never add a Lodger to a tenancy agreement as its a private arrangement between Tenant and Lodger even after they get written permission from Landlord.

 

Tenant has a Secure Tenancy Agreement with Social Housing Landlord affording them the rights and protection of a Secure Tenancy Agreement.

 

The Social Housing Landlord will not add a Lodger to that Tenants Secure Tenancy Agreement as it will affording that Lodger the exact same rights and protection as the Tenant when they are only a Lodger and not a Tenant.

 

Even after the Tenant gets written permission from the Social Housing Landlord it is still a Private arrangement between Tenant and Lodger and the Tenant would need to have in place a Lodger Agreement which the Social Housing Landlord may request a copy of.

 

2. Private Landlord can as you say add whoever they want to a Tenancy Agreement.

 

 

Does make any difference what type of LL it is,still add what they like to a TA...

 

According to a report on housing wrote by my local council TRO office,part of the report.

 

At least 60% maybe more of secure tenancy in UK re: Housing association, Council, Regulated and Assured tenants do not have tenancy agreement or refuse to have or sign a TA anyway and there rights will be governed by statue....

 

Any dispute where there No written tenancy agreements ends up been sorted out by the courts.

 

It's not compulsory to have a TA anyway especially when it comes to Secure long term tenancy,i not had a TA for 30 odd years now !

Edited April 21, 2013 by 45002

[stu007]

But did you sign a tenancy agreement at the start of your tenancy?

 

Could you give a link to that report on housing if possible.

 

I would also refer you to this link from citizens advice on tenancy agreements:

http://www.adviceguide.org.uk/nireland/housing_ni/housing_renting_a_home_e/tenancy_agreements.htm

[45002]

But did you sign a tenancy agreement at the start of your tenancy?

 

NO

 

Could you give a link to that report on housing if possible.

 

The report has not been made public yet !

 

I would also refer you to this link from citizens advice on tenancy agreements:

http://www.adviceguide.org.uk/nireland/housing_ni/housing_renting_a_home_e/tenancy_agreements.htm

 

It is not compulsory for every type of tenancy in the UK to have a tenancy agreement,most TA signed today will be for AST and new council/housing association tenancy.

 

You don't have to have/sign a TA to have a tenancy in the UK,you can have a verbal agreement....

Edited April 21, 2013 by 45002

[caro]

I work for a HA, and I don't believe that any tenant would be allowed to move in without signing a tenancy agreement.

[jackieandwayne]

If you are a Council tenant you DO NOT need permission to take in a lodger. This has been the case since the Housing Act of 1980, the one that gave you the right to buy your home. If you then go ahead and create overcrowding, then that is a different matter, and dealt with under other tenancy conditions, rules etc., if it even becomes an issue these days in Council properties. You will not be overdrowding if you let your lounge as a bedsit because under the Space Standard rules, your flat could house legally 2 adults and a baby.

 

Prior to this, lets say your unmarried daughter became pregnant, and you wanted her to remain at home with you, you as the tenant had to apply for lodger permission for her to remain with her family, as she was then classed as a separate family unit. Permission may or may not have been granted (more likely to have been granted as we approached 1980 because by then we had the Homeless Persons Act 1977, and attitudes were changing fast) but if it was, then it was only for say, 6 months at a time.

 

This only applies to Council tenants on secure tenancies. Check the tenancy agreement for HA tenancies, and well, with shortholds, its a wild card.