Not sure how to answer tenant’s question

[Silverflake]

I’m renting my flat out from today, the tenants (couple, 2 bed flat) are moving in this afternoon. I’ve not been a landlord before so this is all new to me.

I’ve had a message from the letting agent today: “The tenant reached out to us asking once they move in and been there for a couple of weeks how it would work with having friends over and if you allowed them how long it for them to stay?”

I’m not sure how to answer this. I rented myself for 20 years and it wouldn’t have occurred to me to ask this - I had friends or relatives to stay on odd occasions for a night or two, maybe every few weeks.

I wouldn’t want people staying there all the time as I have to think of my neighbours downstairs (small block of 4 flats) and additional noise. And wear and tear on the flat to a certain extent I suppose? Do I even have the right to specify this though? And if so, what is reasonable? Are they trying to get me to agree to a certain amount so that it becomes a regular arrangement/partial sublet thing and then I can’t complain at a later date? Or am I overthinking it?

WIBU to say they can have one or two people to stay no more than once a week? Really not sure what the done thing is here so any advice would be great, thanks

[CatteStreet]

I've been a tenant for years (not in the UK) and it would never have occurred to me to ask if I could have people to stay - having friends for a few nights (or for a week to house and cat sit) is what you do in your home. The fact they have asked is very, very suspicious to me, like a lot of PPs. I'd be getting some kind of clause into your contract if you can, prohibiting commercial subletting and asking to be notified of stays by friends/family of over 10 days/2 weeks (for example).

[CatteStreet]

'Simply say they may have visitors to stay in keeping with their "quiet enjoyment" of the property'

This is a good way of putting it.

[MollysMummy2010]

I have this next door to me - a couple moved into a two bed and there are now four adults and two kids in there....don't think the landlord is aware.

[OnlyTheTitOfTheIceberg]

MistyCloud if you've RTFT you'll see I addressed the OP's concerns earlier. My post about extra bedrooms was in response to the several suspicious PPs who have seized on the fact it's one couple renting a two bedroom flat and are immediately assuming the second bedroom can only be for nefarious subletting purposes rather than because it was the best/only property in their budget at the point they were looking.

[SarahAndQuack]

Just a reminder (though you may know) that tenants can perfectly legitimately refuse inspections. They don't take priority over rights to quiet enjoyment. Only mentioning because some people are suggesting more frequent inspections could help you keep tabs, and though this is true, you can't rely on it.

I also think the tenants' question is a bit odd, but I'd err on the side of assuming they've come across LLs trying to set very strict rules before. It does happen.

I agree with being explicit that you can't allow subletting/air B&B and explaining why.

[Alrighteo]

I'd be wondering whether a baby was on the way and Mum moving in for the first couple of months or something.
That or they're used to only renting a room in a shared property where overnight guests are pretty much outlawed with the exception of an odd night here and there.
Hard to tell whether they're very cautious and want to keep in strict adherence to the contract or whether they're potentially going to get a lodger or a family member to come to stay long term.

[DarlingNikita]

I think I'd send the last line of your suggested email: 'As managing agents are you able to advise me regarding the law and the contract?'

[Alrighteo]

Well they wouldn't have rented a two bed unless the extra bedroom was going to be used for something surely! Whether that's having guests over, a new addition to the family or more long term arrangements. Most people are on a shoestring budget when it comes to accommodation and if they're ex council, they must have been pretty badly in need at some point.

It's an odd one. Do let us know how it works out.

[Alrighteo]

If they had rented a two bed with the intention of having room to accommodate guests, then it's odd that they're asking this late in the game whether guests are allowed.

[Venger]

I'd reply to say that it is their decision regarding overnight guests however they remain responsible for the conduct and behaviour of any guests including noise/antisocial behaviour, state that they are not permitted to rent out or sublet any part of the property, and they may not operate any commercial business from the premises without written permission from you.

[Venger]

Ex-council doesn't mean they're in need or have been in need, council housing is not in short supply everywhere - I live in a council house and I'm not in need.

They may have rented a two bed as it will last them longer than a one bed, DH and I rented a two bed when we were first married with a view to eventually putting a child in the second bedroom.

[TheGirlWhoLived]

It’s something I would ask as a tenant. Sometimes the letting agent gives the tenant a different contract (we have one with the terms very clearly set out. No candles being one example, that the landlord wasn’t aware of)

They might just be clarifying the agreement so as not to break terms with the agent rather than with yourself

[churchandstate]

‘Quiet enjoyment’ doesn’t mean the tenants have to be quiet. 😂

[Everydayzero]

The might just be cautious what dies you contract say, I know loads of mine have been estate agent standard forms saying “tennant shall not have overnight guests without the consent of the landlord, such consent not be unreasonably withheld”

I think it’s reasonable to say they should not have anyone else living in the flat and guests should be friends or family and not paying to stay.

[dontalltalkatonce]

Sublet, AirB&B written all over this.

[IHateBlueLights]

Looks to me like they are trying to move someone in.

[SarahAndQuack]

I don't see where anyone said it did, @churchandstate?

[churchandstate]

Well they wouldn't have rented a two bed unless the extra bedroom was going to be used for something surely!

This just isn’t true. We have always rented bigger than we need in terms of bedrooms because it means the living accommodation tends to be more spacious and you have storage, and room for the odd guest.

[Ferretyone]

I was a landlord for many years. The way that the agent has put the question seems rather strange [straining the English language a bit!]. When I was letting I made it 100% clear that there was to be none staying overnight for more than three nights and no one sleeping other than in a bed. So no one sleeping on sofa or floor.

I think you said that this is a 2 bedroom flat with a couple [who would normally occupy one room only]. It should - I think - be made 100% clear that if they intend to take another couple [etc] permanently this may only be done with your written consent and by variation of the tenancy agreement

[Confusedbeetle]

Why dont you actually have a conversation with the tenant and ask them exactly what they had in mind, then you can talk about times, overoccupation, nuisance to neighbours etc

[mencken]

talking - it will never catch on... Make it clear that they are not to create an HMO and that it is normal 'guests to stay' only, not anyone moving in.

This is why initial tenancies should have a break at six months. Probably not dodgy, but if it is at least you can begin the process then, not at a year. You've no other way of enforcing tenancy conditions except by eviction. Hope it is all innocent.

[SarahAndQuack]

YY, we rent a three bed house, firstly because it was cheap (long story), but also because I work from home and want the space.

I have to say, I think it is ridiculously draconian to insist on tenants not having guests for longer than three times/seven nights/whatever. Or to say what they do with sofas! I know people can take the piss, but I wonder what kind of world we live in when someone thinks that's reasonable.

[GiveHerHellFromUs]

@Confusedbeetle because that's the letting agents job. The whole point of using a letting agent is that you don't have to deal with crap like this

[cabbageking]

I am assuming the contract specifies only two people can live there?

You may wish to say if anyone stays longer than a week you would need to review their contract as it is for two person only.

A third person would incur an increase in rent?

[Musicalmistress]

It may just be that this being their first private rental they are anxious not to do anything not permitted or to cause upset?