Can we ask the lead tenant to leave our rented property?

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    Can we ask the lead tenant to leave our rented property?

    A friend and I currently rent rooms in shared accommodation, one of our housemates has become difficult to live with, but I am pretty sure our housing situations falls short of legality and I wonder what my rights are if any in this situation.

    Context: I (like my friend) rent a room in a property, we do not have a contract or a sub-lease, we have NO official documentation regarding our home (which seems precarious to me), not to mention we paid our deposit directly to this housemate and therefore have not got our deposits secured through the government deposit protection scheme (a legal requirement if I am not mistaken (that's not to say this doesn't exist through her and the landlord but our deposits as individuals have not been protected in this way)). Our housemate is the one with the tenancy agreement with our landlord and we pay her the money directly for rent, bills etc and she then makes the payments to the landlord.

    Question: What rights do my friend and I have in this situation? Can we ask our other housemate to leave the property? or do we simply have no rights and risk being forced to leave if we bring this up?

    Any tips or knowledge on this topic would be highly appreciated.

    #2
    Because there's no documentation showing what it is that you are renting, it's likely that you are lodgers of the tenant, and therefore don't have many rights - you certainly don't have the right to ask them to leave.

    They don't have to protect your deposit(s) and can give you short notice to leave (it only has to be "reasonable").
    Similarly, you can move out quite easily.

    There's a possibility that you aren't lodgers but tenants, but I think that would be difficult to prove in any way that would actually benefit you.

    I suspect that you are living in an HMO and would be concerned that it hasn't been modified to meet the required safety regulations.
    What I'd do is try and find somewhere else to live where things are better organised.
    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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      #3
      Move out asap and report this property to the local Council

      Comment


        #4
        As your housemate is the one with the TA and the one who pays the ll then she is a tenant and has the legal rights of a tenant.

        As you don't have a TA and pay the tenant then you are lodgers of the tenant and not tenants yourselves.

        You have no legal connection to the ll, only to the tenant as her lodgers.

        You only have the (very few) rights of a lodger.

        If you were named on the TA, or were paying the ll directly, then you would probably be tenants with the rights of a tenant.

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          #5
          Oh, if there was no written tenancy agreement then you may have a legal argument, but as there does seem to be one then the tenant is the person(s) named on it.

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