Am I visiting my daughter as Mum or Landlord?

by Readers Question

14:06 PM, 29th January 2020
About 3 weeks ago

Am I visiting my daughter as Mum or Landlord?

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Am I visiting my daughter as Mum or Landlord?

My daughter and her flatmate are my tenants. Not that my daughter pays any rent lol.

The flatmate has now demanded, after living there 16 months, that I give her 24 hours notice of visiting my daughter as her mum/guest/visitor.

I agree that I have to give 24 hours notice for an inspection or non-emergency repair(s).

I let the flatmate know that I was visiting this coming Thursday evening, for supper with my daughter, yesterday 27th Jan. The flatmate has responded that I legally have to give her notice as her landlord, not just a courtesy notice.

My question is: as I am visiting my daughter as her mother and guest do I legally have to give the flatmate 24 hours notice?

Think the flatmate’s new boyfriend, who is staying over 3+ nights per week in a Non-HMO licensed property, is prompting her.

Many thanks

Judith



Comments

Chris Daniel

15:47 PM, 30th January 2020
About 3 weeks ago

Reply to the comment left by Judith Wordsworth at 30/01/2020 - 14:23
Then your her Landlord Judith, whether your daughter stays there or whatever your reason for visiting, its the Tenants home and 24 hours notice should be given.
Would be different if you were resident Landlord at time tenancy started, but you weren't .

Luke P

16:03 PM, 30th January 2020
About 3 weeks ago

Reply to the comment left by Chris Daniel at 30/01/2020 - 15:47She is, of course, the flatmate’s landlady, but does not require permission from both tenants. I could see a grey area if she went in when, say neither were there, or the daughter wasn’t home.
Who’s the flatmate gonna go to/get to care about this anyway? The Police won’t give a toss and the daughter will back up the mum that she had her permission.

Chris Daniel

16:27 PM, 30th January 2020
About 3 weeks ago

Reply to the comment left by Luke P at 30/01/2020 - 16:03
Some greyness re the daughter, ( there again, argument over whether daughter is a Tenant, as for a tenancy, there must be some rent due - demanded - contracted. )
but it would be argued by Tenant in a FTT that it is Harrassment, if she's doing it often enough and attracts a RRO, and is a Criminal Offence - Your right the Police aren't interested , but the LA take it up.
Lets just agree that Judith is on shaky ground and its not advisable.

Luke P

16:35 PM, 30th January 2020
About 3 weeks ago

Reply to the comment left by Chris Daniel at 30/01/2020 - 16:27
Still don’t buy that. As one of the occupants’ mother (provided there’s permission), she can go as often as possible. And I’m certain any Court would entirely agree - particularly if she’s having no contact/interaction with the other occupant.

Jay James

16:36 PM, 30th January 2020
About 3 weeks ago

Sounds like shelter. Speak only for tenant never mind how unreasonable they are acting and getting facts wrong.
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Judith, get rid of the tenant scum asap.
(yes this tenant is scum because of the way they are carrying on).
Mind you, it would be good to do it with a calm and measured demeanour, unlike my comment here.

Dave Driver

17:54 PM, 30th January 2020
About 3 weeks ago

I don't see how this can be a problem. If the daughter invites her mother to visit then she has given permission for her mother to be in the house. The fact that she is the landlord is irrelevant. In a shared house one tenant can't dictate whether or not another tenant can have a visitor.

Chris Daniel

18:16 PM, 30th January 2020
About 3 weeks ago

Reply to the comment left by Dave Driver at 30/01/2020 - 17:54
When that visitor is the Landlord, and depending on circumstances, especially as the points clearly been raised, there is a risk of Harrassment allegations.
What different peoples views on this are may vary, but would you want to take the chance ?
If the tenant went to Citizens Advice or some other more dubious, so-called charity that only provides Legal assistance to Tenants but No 'Shelter' then they'd be gathering evidence, pointing out the already existent communication to landlord complaining about their visit and going down the Harrassment route. We can start to get all technical and consider Right to Quiet Enjoyment, even Obligation not to derogate from grant, Interfering with Peace and comfort PEA 1977. I think I'll leave it there, as I said, Not advisable.

Luke P

19:22 PM, 30th January 2020
About 3 weeks ago

Reply to the comment left by Chris Daniel at 30/01/2020 - 18:16
What about the daughter’s right to a family life?

As much as LLs tend to get the sticky end of the stick, I really think the Courts would find otherwise if it came to it.

Judith Wordsworth

1:42 AM, 31st January 2020
About 3 weeks ago

I'm starting to think why did I ever become a LL.
Thank you all for your help and advice

Paul Shears

2:20 AM, 31st January 2020
About 3 weeks ago

The business above all should reflect your own personality. It needs to maximise your quality of life. This is fundamentally different from maximising profit. I think you have, apart from anything else, been a little unlucky here. It is better to have no tenant than a bad tenant.

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