[londonwall]

Hi,

I live in a 6 bed student house under one shared contract. However, my girlfriend has graduated but wanted to stay with me and hasn't got a job so I moved her into my room. She doesn't pay any rent (the house has inclusive bills) so not technically subletting (I hope). My housemates don't mind her being here.

The contract says nothing about having people stay over only about not subletting...it also references the housing act of 1988.

Am I in breach of contract and does the landlord (if they found out about my girlfriend) have any grounds to throw her out or start any legal preceedings??

Thank you for any help

[Bibika]

It's best that you try a solicitor, not sure if anyone can answer this question for you, if they do not actually review the contract you have. This legal stuff, can be written in size 5 on the very bottom of the contract and still have full effect.
So my advice - go see a solicitor...
These guys at housepals.co.uk advised me so, when i had a similar problem...

[hunter0510]

(Original post by londonwall)
Hi,

I live in a 6 bed student house under one shared contract. However, my girlfriend has graduated but wanted to stay with me and hasn't got a job so I moved her into my room. She doesn't pay any rent (the house has inclusive bills) so not technically subletting (I hope). My housemates don't mind her being here.

The contract says nothing about having people stay over only about not subletting...it also references the housing act of 1988.

Am I in breach of contract and does the landlord (if they found out about my girlfriend) have any grounds to throw her out or start any legal preceedings??

Thank you for any help

I am sorry but you can't do that for several reasons:

1. The name of all 6 tenants should be on the contract. Your GF's is not. She is not a tenant and you can't sublet to her. She has no right to stay.

2. A property with 7 unrelated tenants would fall under a different use class and would require permission for "Change of use" from C4 (small HMO) to "Sui Generis".

3. As your GF uses utilities, the bills will increase. Who is supposed to pay for that? The landlord? Your friends?

4. As students you are exempt from council tax, but what about your GF? She is not a student anymore.

[master roflcopter]

(Original post by hunter0510)
I am sorry but you can't do that for several reasons:

1. The name of all 6 tenants should be on the contract. Your GF's is not. She is not a tenant and you can't sublet to her. She has no right to stay.

2. A property with 7 unrelated tenants would fall under a different use class and would require permission for "Change of use" from C4 (small HMO) to "Sui Generis".

3. As your GF uses utilities, the bills will increase. Who is supposed to pay for that? The landlord? Your friends?

4. As students you are exempt from council tax, but what about your GF? She is not a student anymore.

This. She's not on the contract, so if she stays on a regular basis, your landlord has every right to complain. The circumstances are no longer what they thought when they created the tenancy agreement, which you signed and agreed to adhere to. Some landlords would increase the rent a bit if they knew there was another tenant, even sharing a room and not subletting. Amongst other things, you're denying them that opportunity.

Also- your housemates should mind. If they agree to it it's as much their responsibility as yours if issues arise.