Advice on being a lodger wanting to move out before fix terms

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    Advice on being a lodger wanting to move out before fix terms

    Hi, I'm a lodger in London, signed a fix period of lodger agreement for 10 months and paid 2 months deposit.
    There is something personal involved.
    Before signing the agreement, I didn't know much about the term "Lodger".
    Apart from signing the agreement, I was provided a sheet of paper "house rule", which luckily I didn't not sign anything on it.

    I hate my live in landlord personally, it is just hard for me to live in the same house with him.
    Story begins with, he started pulling out the "house rules", which I did not sign, and I am not sure I am legally bound to comply with,
    threatening me he would give two weeks notice before evicting me if I break anything listed on the house rules,
    including: cleaning the house regularly and take the room as it is when taken.
    which he told me I can't keep a cat inside my room, I can't buy external furniture and a mini fridge otherwise he will evict me and I will be reasonable for the rent of the remaining fix terms, is that true? Can he do that?

    Also he has a CCTV which I just recently discovered that, installed in the corridor, filming the front door but ALSO MY ROOM, and I have never been informed.

    can i move out without being responsible for the rest of the rent?

    #2
    of course you cannot keep in cat in someone else's house if they do not want a cat
    Of course you are obliged to help clean the house
    Of course you cannot put a fridge in your room - fridges do not belong in bedrooms of this person's house -- is there not one in the kitchen?
    You can buy furniture for your room I guess - is that where you plan to put it? Or does "external" mean something else?

    It is unusual to sign a long-term agreement as a lodger - but that is what you did.

    I think it is a little rude to CCTV generally without discussing with you, AND CERTAINLY NOT IN YOUR ROOM. But filming the front door - sounds probably ok.

    You read the "house rules" before deciding to stay - Yes?

    Comment


      #3
      Well I didn’t know paying 240 pounds a week have me being a slave playing along the landlord’s rule as “it is his house”.
      i wish to move out without being responsible for the remaining rent.
      i did read the house rule but They are not part of the agreement, if he evicts me for breaking the house rules I’m not breaking the agreement right?
      What can I do to get evicted by him without breaking the agreement?
      I asked before he won’t let me finish my fixed terms early because he has a mortgage

      Comment


        #4
        "What can I do to get evicted by him without breaking the agreement?"

        Easiest way would be to break one of the house rules by the sound of it. They have no legal standing and no contractual standing either if they were produced after you signed the agreement. You probably need to get out of there but be advised that other landlords may have the same issues about cats etc.

        Comment


          #5
          Signing the house rules is not important for their enforcement; what matters is whether you had the opportunity to see them before you signed the actual contract. If the contract refers to house rules, the situation is probably more complex, but it would seem reasonable that reasonable rules should be enforceable, and rules on pets or smoking would seem to me to be reasonable.

          Having electrical equipment in a room could be considered a valid fire safety issue.

          Regarding the CCTV, I think that the exemptions on domestic installations no longer apply in your case, and an offence may have been committed by installing the system without a proper Data Protection Act registration.

          I don't think the landlord has any protection beyond contract law if you leave early, so I think the most they could sue you for is lost rent and any excess costs in finding a new lodger. They would be required to make a best effort to find a new lodger quickly and therefore minimise the lost rent, and they could not recover anything if you continued to pay the rent to the end of the term.

          I doubt that the mortgage lender will be happy with someone who has to resort to lodgers to pay the mortgage, although I guess it would be OK, if the need was not foreseeable at the time the mortgage was granted.

          I'm pretty sure that if he evicted you, and continued to take rent, he would need to find alternative accommodation for you and pay for that, but I'd suggest contacting Shelter, or the CAB for more qualified advice on that. However, I imagine they would tell you your best option is to obey the house rules and ride out the full 10 months.

          Comment


            #6
            DPT57,

            I agree no pet no smoking. But he recently issued the legal letter to all of the lodgers saying if we breaking any house rules equal breaking the "lodger agreement"and would be evicted with notice but us remained responsible for the rent, which I doubt he has the right because house rules are additional to the agreement.

            I agree to comply with the house rules because I am a lodger , the lowest among tenants. but I feel really uncomfortable when he pulls out the house ruls says it is bound with the agreement.

            My landlord always annoys everyone in the house with a piece of noodles he found in the sink or the unpolished basin in the toilet. He claims himself very neat and force every lodger to listen to his OCD, such as how the mat should be placed at a certain angle. I got really annoyed when some other lodgers committed something he doesn't like and I wil have to listen to him about the whole "how clean he is" story for 15 minutes.

            Comment


              #7
              If there are three or more lodgers, it is an HMO. Depending on the council, a licence may be needed. It will be needed if there are more than four people and more two storeys. By the end of the year, more than four people may be enough. I don't think a lender would allow this on an owner occupier type mortgage.

              I don't think they can change the termination arrangements by the house rules, but rules would be necessary for an HMO. Restrictions on both brought in furniture and electrical equipment would be needed to comply with the fire safety requirements (soft furniture without fire safety tags would need to be barred).

              With three lodgers, it is pretty certain they will be outside the tax exemptions.

              I think you need to talk to Shelter.

              Comment


                #8
                Well, thank you very much! There are actually four lodgers but the landlord claims one of the lodger is his friends and he is exempted. Yes I am sure he is under mortgage and he likes to threaten (tho its true but he doesnt have to bring this out every once a week) lodgers he could throw us out any time he wants if we violates any house rules ( apart from having pets and smoke indoor which I agree).

                I am planning on getting him to hate me so he would probably evict me himself without me breaking any rules.

                Comment


                  #9
                  This landlord sound completely unreasonable and is possibly breaking the law. Did you pay a deposit? If I were you I would find somewhere else to live and negotiate an exit based on your right to inform the Council, his lender and HMRC about his lodger arrangements and your right to prosecute him for spying on you with a security camera. You will need to be quite tough so practice first.

                  Comment

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