Renting rooms in a house and rights

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    Renting rooms in a house and rights

    Hi Guys.
    I am a Landlord and a Tenant.
    However my question is in relation to me being a tenant.

    I have just moved into a house in Stevenage, renting a single room. There are 3 other people here who also rent rooms from the landlord - He doesnt live here him self.

    We share a Kitchen and Bathroom with shower and toilet, and a separate toilet.

    As far as i know, this makes the property a HMO.
    Question 1 HMO: does the landlord need a HMO licence? I have found out he currently doesn't have one. What can he be done for if he doesnt get one (out of curiosity).

    I have only paid the Landlord half the deposit, as because of his mix-up, i ended up paying deposit else where then losing it (long story). BUt when i spoke to the landlord after Bank transferring the half, he said he doesn't put it in a Deposit scheme and "looks after" it him self By the time i realised this it was too late as i desperately needed to move in before an op.

    Question 2 Deposits: If a landlord rents 4 separate rooms, does he still need to put the deposits in a deposit scheme? Is it a legal requirement?

    He keeps asking me for a copy of my drivers licence, which i dont trust him with. He didnt ask me for my address details, nor did he ask to do an checks on me.
    I don't want to give him a copy, nor do i want to give him my home address.
    Question 3 COpies of documents: Does he have any legal rights to ask for a copy? If worst comes to worse i can show him a copy of a correspondence address he can use.


    Out of the two weeks i have officially been in the property, i have had to be away for the last week week down to a major op, which has now left me bed bound for a month. I am now back. During the first week he would willy nilly come in to the property daily, just letting him self in. Whilst i was in hospital, he sent me a text at 6 am, saying i had left the room windows open, and it was raining. Within 30 minutes i responded and said its fine i left the keys with a friend she will close them. He responded immediately saying its okay he closed them.
    Question 4 Property access: Does the 24 hour rule still apply to landlords having access to any part of the property, even if it is shared?
    Question 5 Room access: What legal rights do i have now that he let him self into my room without asking permission or giving me notice?

    Thanks in Advance

    #2
    Anyone have any answers?

    Comment


      #3
      Question 1. It is a HMO, but it may or may not be a licensable HMO.
      If the property has three or more storeys, it will be subject to mandatory licensing wherever it is in England. If Stevenage has an additional licensing scheme, it may (or may not) be licensable. Check with Stevenage.

      Question 2. These deposits need to be protected in a government approved scheme. This is a legal requirement for tenancies which have been entered into since 2007. If the four of you are on one joint tenancy, only one deposit exists, to which you may all have contributed a share, and only one deposit protection needs to be put in place. If each of the four of you has a separate tenancy agreement with the landlord, each separate deposit needs to be separately protected. You said you only paid "half the deposit" - does your tenancy agreement reflect this sum? (I take it that there is a written agreement?)

      Question 3. The Landlord can ask, and you can refuse. However if you were my tenant and refusing to show a copy of your ID, I'd be issuing a S21 notice asap. Has he let a room to you without seeing any copy of any ID document? What did you give as your address when you gave him your details? - oh no, you don't want to tell him - yet another reason for L to be deeply suspicious of what's going on.

      Question 4. The landlord has every right to access the shared areas whenever he needs to do so, without giving notice. None of you has exclusive use of the shared areas.
      What 24 hour rule? You have the right to quiet enjoyment of a room of which you have exclusive use. Is there a lock on your door? What does your tenancy agreement say about access to your room?

      Question 5. You could ask him not to do this again. You could change the lock on your door, provided you changed it back to the original lock when you left.

      Comment


        #4
        Hi Sad S.
        Thanks for your response.
        Q1: The property is only 2 stories, so i will check it out with the council. Thanks

        Q2: We each have 4 separate agreements with the Landlord as none of us have known each other before hand and the property was advertised by the landlord directly in the local paper. Since my post, the landlord has said "he does not do tenancy agreements" so he refuses to. I did however get a signed slip stating he was taking the rent as rent and i transferred the deposit via bank transfer, which he confirmed in text messages. Additionally, because he refused to replace my bed he agreed to forfeight the remainder of the deposit if i was to buy my own. Which i did.

        Q3: I have never refused to show him my ID, or provide an address, but i didnt feel i trusted him with an actual photo copy of any ID. Since the post i did offer it to him, first time he refused then said it doesn't matter.

        Q4: I guess the shared area thing makes sense.

        Q5: As for the room, there is a lock on the door. As above he said he doesn't do tenancy agreements, which was new to me as i was promised a written agreement before i moved in. Additionally he has recently asked to do an "inspection" of my room which he apparently does once a month without prior notice. However he has never asked the other tenants. He also stated he can enter the room when he wants.

        In all honesty, i don't want any hassle from him nor do i want to give any. I pride my self on being a good tenant, and always like paying on time etc.
        I don't feel I have anything to hide including my details, but he is now being evasive of even providing a tenancy agreement or his address. The only way i can contact him is via his mobile.

        Comment


          #5
          So those are 4 separate ASTs with 4 separate requirments to protect deposiut within 30 days of payment...

          re
          Since my post, the landlord has said "he does not do tenancy agreements" so he refuses to.
          - yes he does, but they are verbal so hard to prove the terms agreed: Anything in writing/email - receipts for rent/deposit, move in date, rent amount??

          I'd assume as he wants nothing in writing he is on the fiddle:
          - who pays council tax??
          - Does HMRC know about his rental income - see their fraud reporting..
          http://www.hmrc.gov.uk/reportingfraud/


          These are stevenage's HMO licence conditions...
          http://www.stevenage.gov.uk/housing/...housing/24725/

          Does his mortgage lender know he is letting out???

          Does he have a gas safety certificate??

          See who is given as name & address of property owner on landregistry site.. only £3...
          https://www.gov.uk/search-property-i...-land-registry
          - that will also tell you if there is a mortgage (Charge from e.g. Nationwide...)
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment

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