Fair Rents (Scotland) Bill or Artificial state manipulation of free market rent?10:34 AM, 6th November 2020
About 3 weeks ago 36
I’m asking this question on behalf of my niece.
She is in an interesting situation and I wondered if anyone could offer any advice or warnings.
She owns a flat in Glasgow that she lives in herself. She has a friend who is also a lodger.
On my advice she has a lodger agreement in place.
She is looking at working in Australia for a year and has suggested that her friend would be able to look after the flat for her until she returns. I can see several potential problems with this and wondered if anyone has experience of this type of situation.
My concerns are several
If she no longer resides at the flat the ‘lodger’ would then become a tenant (by virtue of no live in landlord). Is this correct?
How easy would it be to change the tenant status back to lodger status upon her return.
My biggest concerns are that her friend doesn’t work at present due to ill health and would fail the kind of tenancy referencing that I do for my own tenants. My understanding is that this would make it impossible to get rent guarantee or legal fees insurance.
If relations with her friend changed over the course of 12 months it might prove difficult and expensive to evict her.
Even if her friend was happy to go the council would not consider her homeless and in need of housing unless she was actually evicted (ditto expense).
Can an inventory realistically be done for the start of the tenancy if the proposed tenant is already living in the flat as a lodger?
Any advice gratefully received.
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