Q&As

Person (A) owns a property in which they live in. Person (B) comes to live at the property as a lodger (although there is no written lodger agreement). Person (A) gets taken into care and is no longer fit/has capacity to manage their estate. Person (B) continues to live at the property for an extended period of time (five plus years) and continues to pay rent to the estate, which is now being managed under a deputyship. Is Person (B) still a lodger or was the event of Person (A) leaving the property and no longer living there cause Person (B) to become a protected tenant?

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Produced in partnership with Alexander Campbell of Field Court Chambers
Published on LexisPSL on 26/11/2019

The following Property Q&A produced in partnership with Alexander Campbell of Field Court Chambers provides comprehensive and up to date legal information covering:

  • Person (A) owns a property in which they live in. Person (B) comes to live at the property as a lodger (although there is no written lodger agreement). Person (A) gets taken into care and is no longer fit/has capacity to manage their estate. Person (B) continues to live at the property for an extended period of time (five plus years) and continues to pay rent to the estate, which is now being managed under a deputyship. Is Person (B) still a lodger or was the event of Person (A) leaving the property and no longer living there cause Person (B) to become a protected tenant?

Person (A) owns a property in which they live in. Person (B) comes to live at the property as a lodger (although there is no written lodger agreement). Person (A) gets taken into care and is no longer fit/has capacity to manage their estate. Person (B) continues to live at the property for an extended period of time (five plus years) and continues to pay rent to the estate, which is now being managed under a deputyship. Is Person (B) still a lodger or was the event of Person (A) leaving the property and no longer living there cause Person (B) to become a protected tenant?

A lodger will generally be a licensee rather than a tenant. The standard test in law for whether a person has a licence or a tenancy comes from the case of Street v Mountford. In that case, the House of Lords described the situation of a lodger in the following terms:

‘An occupier of residential accommodation at a rent for a term is either a lodger or a tenant. The occupier is a lodger if the landlord provides attendance or services which require the landlord or his servants to exercise unrestricted access to and use of the premises. A lodger is entitled to live in the premises but cannot call the place his own.’

The House of Lords went on to

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