Could You be a Building Guardian?

It is no secret that Londoners are struggling in the housing rental market, but if you’re unable to buy or rent there might be another option.

The average price for a one-bedroom flat is £1600 per month, and easily over £2000 in zones 1 and 2. And, these flats are highly competitive. It is not uncommon for prospective renters to submit more than 15 applications before getting accepted. This is a gruelling process and makes finding basic lodging seem impossible.

When people are desperate for housing, the prospect of a cheaper alternative is tempting. One such alternative is property guardianship. This is when a person lives in a building in order to protect the building – as the building’s guardian. Typically, these buildings are not meant for residential purposes. Instead, they are old offices, schools, or other buildings. The guardian is given permission to live there in order to protect it from damage, vandalism, or squatters. As they are fulfilling this guardian role and the building was not meant for housing, the cost is much lower than traditional rent (approximately 30-50% less).

Is being a building guardian for you?

This is a tempting arrangement. At first glance, many people will see this as a great deal. The next question a prudent person should ask, however, is “what’s the catch?”. This is an important question due the legal realities of being a property guardian. This arrangement offers far fewer legal protections than a traditional lease. Instead of a lease, property guardians typically have a license to occupy. 

You get a licence not a lease

The first difference is that a license to occupy does not give the property guardian the exclusive right to the property. Unlike a lease, where a landlord must provide notice before entering the property, a license allows the landlord or their agents to enter the property at any time. While we would hope most landlords are respectful and do not abuse this, the legal protection simply is not there. If your landlord can enter at any time, is your home really yours?

Eviction uncertainty

Another key issue is eviction protection. Most renters are currently enjoying the new protections from the Renters Rights Act. There are long notice periods and limited grounds for any eviction. The comparison for licensees shows a stark contrast. A landlord may evict a licensee with 28 days’ notice and no reason. This could leave a property guardian scrambling to find a new place to live. In this housing market, that is not an easy task, and it may take longer than the 28 days’ notice provides. It is difficult to plan when your housing is not secure. 

Fix it or live with it

There are also fewer rights regarding the state of the property. While, property guardians can report health and safety concerns to the authorities, the landlords are not typically required to carry out repairs, and the Landlord and Tenant Act of 1985 does not apply. If something is broken, a property guardian may not be able to compel the landlord to fix it. This leaves them with paying to repair it themselves or living with it. Neither of these options is favourable to the property guardian.

Being a Building Guardian fits the flexible

With all those facts considered, there are some people who are happy living as property guardians. The lower cost is a major advantage, and property guardians often get more space than would be allocated in a typical flat. For someone who is comfortable being flexible, it can be a good financial decision. 

Around the country, opinions on these types of arrangements are mixed. Some argue that using millions of square feet of unused non-residential property could help solve the housing crisis. Others note that this is an example of people having no choice but to give up their rights. When the choice is accepting fewer legal protections or going without a place to live, the basic need for shelter is going to prevail. This is an inherently dystopian choice. 

As solicitors, our goal is to ensure that you are informed of your rights and able to fight for them. If you are considering becoming a property guardian, there are ways to protect yourself and ensure you enforce the rights you do have. If you are already a guardian and are having issues, our firm can also act for you to confront and rectify the issue.

Safe and affordable housing should not be a fight, but we are here to support you when there is a problem.