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Fact check: If I’m a homeowner (well, I own a 99-year lease) in the UK, and my lease says: > (75) Not to carry on in the building or any part thereof any trade business or profession of any kind whatsoever but to use the same as a residential flat in one family occupation only Is it true that the lease does not allow me to take in lodgers? If I let someone stay who is not a member of my family, am I in breach of the lease? Is any breach of the lease unlawful?
1. Summary of the results
Based on the provided analyses, the situation regarding lodgers in leasehold properties with "one family occupation only" clauses is complex. Leasehold ownership comes with specific contractual obligations that must be followed [1]. A lodger, being someone who lives with their landlord and shares living spaces [2], could potentially conflict with a lease clause requiring "one family occupation only."
The lease terms are legally binding and breaking them could result in serious consequences, including the risk of lease forfeiture [3]. Lodgers are considered "excluded occupiers" with limited legal rights [4], but this status doesn't necessarily protect the leaseholder from breaching their lease terms.
2. Missing context/alternative viewpoints
Several important contextual elements need to be considered:
- The lease is a legal agreement between the leaseholder and the landlord that sets specific terms for property use [5]
- These restrictions exist to protect the rights of everyone with an interest in the building, not just to limit the leaseholder [1]
- The lease terms apply to all future leaseholders and typically require formal agreement from both parties to be changed [3]
3. Potential misinformation/bias in the original statement
The original question might oversimplify the complexity of leasehold agreements by focusing solely on the "one family occupation" clause. It's important to note that:
- Leasehold ownership is inherently different from freehold ownership, coming with specific restrictions and obligations [5]
- The distinction between a lodger and a family member isn't just about relationship - it involves legal status and rights within the property [2] [4]
- Breaking lease terms isn't just about lawfulness - it's about contractual obligations that can have serious consequences for the leaseholder [3]
*Note: For specific legal advice about your situation, it would be advisable to consult with a legal professional who specializes in property law, as interpretations of lease clauses can vary based on specific circumstances and jurisdictions.*