Tenants and Guests

Whether a landlord should or should not have the power to decide whether friends, partners or relatives come to stay in a rental property is hotly disputed topic, and it can be difficult to draw the line between who is a guest and who is an extra tenant. The law tends to be murky and unspecific in these cases, and all landlords will have their own approach, but here are a few words of caution about tenants hosting guests for extended periods.

The Laissez-Faire Approach

In theory, there is nothing wrong with leaving things as they are: the truth is, you probably don’t know half of the guests that your tenants are entertaining! There’s also something to be said for the fact that it really doesn’t matter, and so long as these guests are not interfering with the normal running on the property, there are no issues.

Guests in HMOs

Due to the laws surrounding HMOs and the number and makeup of the occupants, a little more care may be required. If guests stay for a long time, they may well fall into the definition of a ‘tenant’ and, thus, your HMO agreement may be violated. Alternatively, if you’re letting a property on the verge of being an HMO, having a guest in frequently could put you over the edge.

Fire and Theft

Of course, there are considerations surrounding fire and theft and your landlord insurance won’t necessarily cover guests as well as tenants. You’ll almost certainly find that a guest’s possessions are not covered if stolen or damaged by fire, and you may also come into difficulties if a guest was a cause of an incident. In generally, it’s better to know who is who.
Most tenants will, from time to time, have guests in the property and there is not necessarily anything untoward about that. You do need to be careful about insurance and the risk of your property becoming an HMO, but why not seek to turn your difficulties into an opportunity: there’s no doubt that you could let a couple who have been living in a studio apartment a good deal on a two-bed!