Here is a question to the blog clinic from David, who is a tenant.
Street v Mumford ruled that the tenant can refuse anyone access to the Property, even the Landlord. Can the Landlord object to the tenant having someone to stay at the property?
Answer
Yes, tenants can refuse access to landlords, but this is not a good idea if they want access for a reasonable reason – such as for a property inspection (often required for insurance purposes) or gas safety inspection (which is to ensure that the property is safe so is for your benefit).
Landlords can object to people staying at the property,, but if the tenant ignores their objection, the only way they can enforce it is by court action.
If the person is temporary, then the landlord probably won’t bother, but if the person is staying permanently, then this could well trigger possession proceedings.
If the landlord used section 21, then, provided he had complied with all the preconditions for using section 21, he would get his order. This is a real risk for tenants, although it will take the landlord many months to get the claim through the courts.
If the landlord could not use section 21 for some reason and was applying for possession on the basis that you were in breach of the terms of your tenancy agreement, then this is a discretionary ground, and it would be up to the Judge whether he considered the tenancy breach serious enough to warrant eviction.
If the occupier was particularly objectionable for some reason (for example, if they were damaging the property) or if an extra occupier was putting the landlord in breach of the HMO regulations, then the landlord might be able to obtain an injunction.
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