T Krishna

Registered with Property118.com
Wednesday 28th April 2021


Latest Comments

Total Number of Property118 Comments: 1

T Krishna

1:57 AM, 29th April 2021, About 2 months ago

Definition of 'single household'?

Hi,
I'm a leaseholder going through the same situation with the property management company telling me that I can't have a lodger because i'd break a clause stipulating "That no part of the Property shall be used for any purpose other than as or incidental to a private dwelling in the occupation of one household only."

I don't have a legal background but this has become a mini-project for me (i'll eventually get a solicitor I suppose).
Based on the research i've done, the reference to 'private dwelling' is satisficed by me being able to chose who the lodger is at my sole discretion and the property becoming their primary residence (i've read some tribunal cases where people have let out on air bnb and this part of the covenant is deemed to have been breached given that anyone could effectively have access to the property and hence it would not be private).

Wendy - Like with your situation, my lease doesn't define the term 'household' but the management company are misinterpreting it in line with the definition used for a HMO (I completely agree with what you've said previously). I've found a precedent case for the definition of 'household' (see points 14 and 18 via the link below).

When you get an update on your case, can you please let me know ?

https://decisions.lease-advice.org//app/uploads/decisions/actsect168/1-1000/809.pdf... Read More