Student Property

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Discussion

13m

26,273 posts

222 months

Monday 23rd November 2015
quotequote all
Red Devil said:
13m said:
Breadvan72 said:
That sounds like a Street v Mountford dodge.
Why would you say that?

If the OP is:

1. Genuinely providing accommodation that is serviced.
2. The occupier does not have exclusive possession (lift and shift, right of access by staff for cleaning and bed changing without notice)
3. The occupier has a different permanent address (Mum and Dad's house).

That's a licence I suggest.
BV has a point. Have you read the judgement in Street v Mountford?
I am familiar with Street vs Mountford and I don't think BV has a point.

If the OP's client is genuinely providing services "which require the landlord or his servants to exercise unrestricted access to and use of the premises" the occupier doesn't have exclusive possession, and is therefore a lodger not a tenant. It is a licence not a tenancy.