Am I visiting my daughter as Mum or Landlord?

by Readers Question

14:06 PM, 29th January 2020
About 5 months 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

AP

7:55 AM, 1st February 2020
About 5 months ago

The poster states ‘’ My daughter and her flatmate are my tenants. Not that my daughter pays any rent lol.”
Are the daughter & flatmate on a joint tenancy agreement?
Or is there an AST just for the flatmate?
Or is there no proper AST and just an informal agreement?
Whilst I absolutely sympathise with you, if I step back and try and see this from the other side for one moment...I’m not saying you do this, but if I was the flatmate and my flatmate’s mother / landlord came round and constantly pointed out how I was living was not to her liking, I would think a line has been crossed...
That’s why I think how your contractual agreement is structured on the whole flat is very important to avoid problems like this. Like someone else said, having an AST only with your daughter (for minimal rent and allowing sub-letting) and letting her rent a room and be in charge of her own flat is the best way forward (and has tax benefits too).

Paul Thomas

9:03 AM, 1st February 2020
About 5 months ago

Perhaps another way of looking at the problem is that you keep popping round to see your daughter in a well meaning Gesture and your daughter finds it a little intrusive and has asked the other lodger to play devil's advocate. Easier to do it that way than have a difficult conversation with mum.

But, my gut tells me you've got someone staying more than they should be. You're gut is normally right.

Puzzler

9:57 AM, 1st February 2020
About 5 months ago

I think to comment we would need to know the daughter's take on this and how well she gets on with her housemate

Lindsay Keith

14:54 PM, 1st February 2020
About 5 months ago

Go asap and see a sensible L&T Solicitor with all your documents, seek and then follow the advice given. The expense will be less than the cost of heartache and aggro. Make sure beforehand that the Solicitor is an L&T expert, not just someone who says so!

Judith Wordsworth

14:49 PM, 2nd February 2020
About 5 months ago

Reply to the comment left by Paul Thomas at 01/02/2020 - 09:03
This isn't the case. Its a bit difficult to "keep popping round" as I live over 100 miles away lol. And no she hasn't asked her flatmate to play devils advocate. My daughter has actually said that her flatmate 's email demanding that I ensure that I give 24 hours notice was rude (and that she thought the boyfriend was involved in some way)

Judith Wordsworth

14:51 PM, 2nd February 2020
About 5 months ago

Reply to the comment left by Paul Thomas at 01/02/2020 - 09:03
Daughter saying that her flatmate cant stay at the flat without him and the last quarterly gas bill jumped from £96 to £151.

Paul Thomas

17:15 PM, 2nd February 2020
About 5 months ago

Reply to the comment left by Judith Wordsworth at 02/02/2020 - 14:49
Sorry, didn't read the geographic location bit.... Non devils advocate either.

So, my money is on additional people staying...

Jay James

17:19 PM, 2nd February 2020
About 5 months ago

Reply to the comment left by Judith Wordsworth at 02/02/2020 - 14:51
"Daughter saying that her flatmate cant stay at the flat without him ". I keep rereading this and still do not see what you mean. Are you saying that the flatmate always has the boyfriend with her when she is in the flat?
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If this is the case, then your daughter may need to take measures to ensure her safety and record all interactions with the couple.
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Best get rid of the couple fast! pay them off if you have to. It will be cheaper than letting it drag on.

Jay James

17:28 PM, 2nd February 2020
About 5 months ago

Reply to the comment left by Judith Wordsworth at 02/02/2020 - 14:51
1. Does the flatmate have a written tenancy agreement with your daughter?
2. Does the flatmate have a written tenancy agreement with you?

Judith Wordsworth

17:43 PM, 2nd February 2020
About 5 months ago

Reply to the comment left by Jay James at 02/02/2020 - 17:19
"Are you saying that the flatmate always has the boyfriend with her when she is in the flat?"
Yes that's exactly what I am saying

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