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Housing: Private Rented Sector

House of Lords written question – answered on 10th July 2013.

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Photo of Lord Greaves Lord Greaves Liberal Democrat

To ask Her Majesty’s Government what assessment they have made of the practice of some landlords and tenants in letting or subletting part of a privately owned domestic property by means of a licence in circumstances where they do not also live on the premises; and whether they are considering proposals to control such activity.

Photo of Baroness Hanham Baroness Hanham The Parliamentary Under-Secretary of State for Communities and Local Government

No such assessment has been made and we are not considering proposals to control the practice of letting or sub-letting by licence by a landlord or tenant who does not live in the privately owned property.

A tenancy gives the person to whom it is granted an estate in land whereas a licence confers only a personal permission on the person to whom it is granted. The key factor for identifying whether someone has been granted a tenancy or a licence is whether he/she has been granted exclusive possession of the property (although there are other factors). Common examples of where an occupier is likely to have a licence rather than a tenancy are holiday lets/hotels and cases where the occupier lodges in the landlords own home.

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