Tenant Question - Trapped in contract in an Undersized room

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    #16
    Thank you for the responses.

    I'm still a little unsure on how to determine if the house is actually overcrowded? Does the size off the open plan kitchen/living room make a difference? Does it matter if my contract is only for the room I live in?

    I found a floor plan online from when the property was sold some several years ago, and it appears my room used to be a bathroom prior to the renovation.

    Comment


      #17
      I thought you had a lounge kitchen, which would definitely count as potential sleeping accommodation in a non-HMO. A kitchen/diner (i.e. a large kitchen), if bigger than 50 square feet, is a bit of a grey area, and depends on the part of the country.

      Comment


        #18
        Originally posted by leaseholder64 View Post
        So, if a long leaseholder advertises a flat not fit for human habitation, as a viable home, they would be off the hook, because it was the freeholder's property that they selling?

        I think advertising a property which is unlettable to gain the advantage of not having to pay the remaining rent would be fraud. Also, I rather suspect that the the landlord will only release them when the new renter is in place, so they would be aiding and abetting.

        I think the best option may be to get the council to start action against the landlord.
        Never in the history of ever has a tenant of an AST been sued for aiding and abetting fraud by advertising a room they currently occupy to another tenant. It just isn't a thing. The council currently know that the landlord is breaking the law and they still don't get involved. They aren't going to go searching Spareroom to see who posted the original advert.
        ​​​
        I agree that the council might be the better course of action. Writing a letter to the landlord stating that they have contacted the council who have agreed the room is too small and stating that the OP will start legal action unless they are released from their contract.
        ​​​

        Comment


          #19
          Originally posted by Uzzimon View Post
          Thank you for the responses.

          I'm still a little unsure on how to determine if the house is actually overcrowded.
          Try speaking to the Council Environmental Health Officer. I would keep up the pressure on the Council here till they issue a cat 1 notice to the landlord. You can then take action yourself under Homes Fitness For Human Habitation Act. However, I should add that I have no idea whether the level of overcrowding in your property would constitute z cat 1 hazard.

          Comment

          Latest Activity

          Collapse

          Working...
          X