Advise Ciara and Finch in relation both to (i) whether they are entitled to refuse any request by Charlie for a guest to stay; and (ii) the issue of the mould.

In 2019 Ciara and Finch moved to Brighton with their young son, Harry, because Finch wanted to pursue a PhD at the University of Sussex. Ciara made contact with her cousin Charlie who owns a large house on the seafront with a basement which is converted into a self-contained flat. Ciara and Finch asked if they could occupy the two bedroomed basement flat. Charlie said that he would be happy to lease the flat to them for about two years whilst they looked for something more permanent. He told them that the rent for that kind of flat in the area would be £1200 per month but he would give it to them for £900.

Charlie is very sociable and enjoys having large parties of visitors. Ciara and Finch were not very happy when Charlie explained that he wished to retain the right to use the second bedroom for guests and rent it out on Airbnb for extra income too. He promised that he would always ask Ciara and Finch in advance if this was convenient for them, make sure that the guest had a key so as not to disturb them and ensure that the room was cleaned by his cleaner afterwards. Charlie has never asked if a friend could occupy the guest bedroom of the flat. There has never been an Airbnb booking either.

Ciara and Finch now feel that the flat is their home and are very uncomfortable about the idea of someone else coming to stay especially as they are expecting another child. There have also been some issues with mould in the living room and bedrooms that is causing some concern, given Harry’s asthma. When Ciara discussed these issues with Charlie, he told her it was his right to have someone else stay and that they should leave if they did not like it. With respect to the mould issue he told her to buy a dehumidifier and that all properties in Brighton have damp issues and they should be glad to have a property on the seafront.

Though disappointed with this response, Ciara and Finch are reluctant to make too much of a fuss given that they have both now lost their part-time jobs in hospitality as a result of the current health pandemic.

Advise Ciara and Finch in relation both to (i) whether they are entitled to refuse any request by Charlie for a guest to stay; and (ii) the issue of the mould.

2000 words – OSCOLA Referencing