"Lodger" with live-out landlord

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    #16
    Thank you everyone!
    I appreciate your help immensely!

    I will proceed with caution and start looking for a new place.

    I'll let you know how it all plays out...

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      #17
      Originally posted by HantsAgent View Post
      Exclusive possession - check
      That's the bit I'm less happy about.

      There's someone else living in the house, and the contract isn't going to properly define what's being rented because it's an agreement aimed at a lodger.
      It's a big step to infer a joint tenancy for all of the occupants, so two separate tenancies?
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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        #18
        jpkeates,

        I totally see where you’re coming from and, as ever, only a judge will decide for sure.

        I doubt it can be a joint AST as the OP (presumably) didn’t sign up at the same time as the other occupier and/or have any intention to create a legal connection with that person. So I would say that they are each renting a room on an AST.

        It’s far from definite, but I’d be worried for any landlord who came to me trying to help them out of this scenario.

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          #19
          Unless the agreement states rent must be paid in cash then from now on pay by cheque. Take a copy before handing over cheque.

          That she doesn't pay it in is her problem.

          Yup, tax cheat, grass her up to HMRC. If you think she gets benefits (MOST adults do..) grass her up to DWP also for her extra income.
          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...

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            #20
            Originally posted by Nowler View Post
            The lodgers agreement says: EARLY TERMINATION - any party may at anytime end this agreement earlier than the end of the term by giving to the other written notice of 1 month

            PS: The term on the contract is 6 months.
            I believe that if, as seems probable, you have a tenancy, then the notice clause is valid for your notice to end the tenancy before 6 months, but not for the landlord.
            i.e. you can give 1 month notice to landlord, but landlord must follow S21 or S8 rules.

            Once the 6 months is up, if you stay, then you would have a statutory periodic tenancy (a new tenancy, so deposit laws apply again) and you would have to give at least one month's notice ending on last day of a rental period.

            Originally posted by Nowler View Post
            It's a 2 bed apartment with me staying in one room, and currently a guy who is moving out in a few days in another.
            There is another person moving in the day he moves out, so both rooms are being rented by people who are not the landlord.
            Originally posted by Nowler View Post
            I will be collecting the other renters part of the energy cost, as the bill will be in my name.
            Ensure that guy leaving has paid for his share of all bills before you take on responsibility, and take money from new guy monthly to cover his share.
            Requiring you to take on responsibility for energy bills is further evidence that you are not a lodger.

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              #21
              Originally posted by Nowler View Post
              Any suggestions of cautions for me for when I give my LL my months notice that I'm leaving?

              I have to give it in writing, but what I did for my last temp LL was email it and ask for an email back to state reciept of it. In that email I state as much as I thought of such as deposit amount, move in date, move out date, rent was up to date etc...

              My current LL probably won't do this via email, so how do I do this via paper?
              Send it first class to the LL address in your agreement and get a "proof of posting" receipt from a post office.
              Allow at least 4 days over the month for delivery (there could be weekend/bank holiday in the way).
              If you are really worried, then you might be able to take 2 copies (use printed, not hand-written) to post office and get the staff to witness one saying that they saw you put an identical copy in the post to your LL (but only likely to work in a small post office, like in my village).

              Also, if you have LL email address, once posted email giving notice and asking for acknowledgement, and state that a signed paper copy of your notice is in the post.

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                #22
                When did you sign your 'lodger agreement'?
                Her receipt is adequate as an acknowledgement of cash received from <name>, but is unhelpful to you in a dispute.
                If you want a specific format, compile your own, with space for her to sign,

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                  #23
                  That receipt is Hilarious. Only it won't be. Because You'll never see that Deposit again. (Probably).

                  Either the LL is as bent as a 2 bob note, or is totally stupid.

                  The first - she's renting the flat from someone else, and under a false name or got a residential mortgage and has moved in with a bloke or her mother.
                  The second - she doesn't realise how much pain you could give her if you choose to.

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                    #24
                    mariner,

                    I signed the lodger agreement on the 9th of this month when I got the key. The energy bill is now in my name but says from the 11th. I got a quote for the energy bill and it's £80/month! There is only 2 of use there and we work a lot,so are not there to run up a bill. The landlady has a dehumidifier in our livingroom which doesn't turn off... so is on 24/7. I don't watch tv but if I did, the constant noise from it would bug me. Surely that's why our bill is 80 a month and not the 40 the landlady quoted me before I moved in?

                    I'm going to suggest to the new housemate that we go find a new place together. It might be easier together... as opposed to the difficulty I have on my own (cost).

                    If we do stay, I'm telling the landlady to either pay for the running costs of the Dehumidifier, or drop our rent to counter it.

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