Renting out a garden flat which isn’t registered as a separate address

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

    #16
    jpkeates,

    Thank you, that is really helpful.

    If he was the one considered to be right, then our contract could not be an AST. Our deposit wouldn’t need to be protected and he wouldn’t need to have selective licence. What would our contract be then though? Is there anywhere else he’d have to “register” as a landlord or something like that, or would just the contract be all that’d be needed from his side?

    If we were, then the very opposite - Contract would be AST, he’d have to have a selective licence...... is my thinking correct?? Thanks again for your help.

    Comment


      #17
      Presumably you just give your address as the main property address, so there should be no problem establishing residency. Is there some other problem with the property, because otherwise it doesn't sound like too much of a mistake to me. If you like it there what is the problem?

      I dknt think you have an AST so the landlord is not required to protect your deposit.

      The house will likely be an HMO and the landlord may be in breach of licensing regulations. Its worth checking this, because you may also be able to claim an RRO. However, if the landlord is treating you decently, just enjoy living there.

      Comment


        #18
        If it was me I d only be concerned about fire safety issues which I would want addressed to protect myself and my family. Could you not raise this issue with your landlord? Are you sure the partition is just wood and not a stud wall with plasterboard with wood cladding?

        If your rent includes council tax then if your flat is billed separately your overall costs will go up monthly by a significant amount. I mean it might save the landlord money? Why do you want it billed separately? There s no potential comeback on you?

        selective licensing only applies to certain local authorities. If you go on your local authorities website you can find out the streets that it applies to.

        i m also not sure if this arrangement where a person rents a separate flat in their house is even covered by selective licensing.

        if your flat is contained in the same building even if you have separate entrances you are an occupier with basic protection which means it’s not an AST and your deposit does not need protecting but you are covered by the protection of eviction act.

        the question is even if the contract you signed was an ast if it can t be an AST in law does that mean the contract is void?

        What objective are you trying to achieve? Are you being evicted? It might help with further advice.
        Last edited by Dreamingofsea; 26-02-2021, 19:28 PM. Reason: Typos

        Comment


          #19
          Ok I ve re-read your post the reason you want to be on council tax bill is to prove residency or perhaps to get a bank account? but as pointed out above you can do this other ways. For example people are lodgers with no bills in their name and they still can get bank accounts and mobile phone contracts. If you go on the voter s role at your address that increases your access to credit. You do not need landlords permission that’s your right (as long as you are entitled to vote in uk).

          i don t think there is anyway if the landlord doesn’t want it to get the flat registered as a separate address. If the landlord doesn’t want that I m sure he ll do what it takes to prevent it including evicting you.

          that doesn’t mean that you should not ask him to improve fire safety... and you can force him to do this by the steps described above but my first approach but be to seek his co-operation.

          Comment


            #20
            Dreamingofsea,

            I need the council tax to be under my name in order to get a proof of address. Without it, i can’t put the address on my bank account, get a tv licence, i’d not pass any credit check (for example if I wanted to rent a different place now, they simply can’t pin me down to this address and I’d most likely have to pay for a guarantor company as I do not have anyone who could be my guarantor... I know this probably doesn’t seem like much of an issue to some people, but since I am foreign, not being able to prove I live where I live raises questions almost anywhere (even places like insurance company, GP...).

            To answer the question about selective licence - yes, we are one of the streets the requires it.

            And about objective - I should have said this earlier. We have a 12 month contract and after finding all this out, we really just want to move ASAP, so we are wondering if any of this could help getting out of our contract. And of course, to prevent him from marketing it as a flat for future tenants that would most likely end up having same issues as us.

            Comment


              #21
              You don t need to be on the council tax bill to use the address as one for bank statements etc. But getting a bank account might be more difficult without bills. getting a bank account is a huge issue and I appreciate that but there are ways to get one.
              You can get a provisional drivers licence at that address. Your tenancy agreement can be used as proof of address for many things such as for benefits and bank accounts. You national insurance number is valid ID.
              You can certainly get a tv licence for any address you want if you are willing to pay the money. You can go online and do it. Do you collect your post from upstairs flat?

              most gps just let you sign up but maybe more strict now. I d imagine your tenancy agreement and passport is enough to sign up. Passport with relevant visa or leave to remain etc.

              As far as credit yes it will greatly help to be on the voters roll if you are entitled to vote. It’s very difficult to get credit within 2 - 3 years of living somewhere.

              If the landlord said he d fix the fire safety issues would you want to stay? Perhaps talk to the landlord about the fact you want to move out and perhaps he d understand and you can come to an agreement?

              I mean he’s sure to want to move you on if he knows you are creating rightly or wrongly a big fuss with local authorities. I m not saying you are wrong but that will end up with not getting a reference (possibly), but he won t need to evict you since you want to go anyway.

              Comment


                #22
                A brief glimpse over your post where you are expressing your predominant desire of getting named for council tax revealing that you might need it for visa application where it asks about the evidence of council tax. If that is the sole reason of your irresistibility for council tax then be known that it still can be skipped where if that is included in your accomodation cost ideally be confirmed in tenancy agreement.

                Also the type of accomodation you are telling used to/is popular especially in east London which only last until some vociferous neighbour's complaint to local council. However, if miraculously there are nonechalant neighbours who if aren't disturbed then such arrangement might be perpetual if the landlord doesn't change his mind. In my opinion if you are enjoying the place and is economical then better to continue to live there silently.

                Comment


                  #23
                  To be totally honest, i cannot understand why the council tax element is more important to you than living in a place which is clearly no where near the fire safety level it should be. We may be looking at cladding on flats in the light of Grenfell but we seem to be missing these bodged up '' flats '' which spring up when rents are high and demand is equally as high, It's a tragedy really and as usual the govt will only catch on when a smaller version of Grenfell happens again...... make sure it is not you (OP) and try and get out of the contract.

                  Comment


                    #24
                    Originally posted by Self sufficient View Post
                    A brief glimpse over your post where you are expressing your predominant desire of getting named for council tax revealing that you might need it for visa application where it asks about the evidence of council tax. If that is the sole reason of your irresistibility for council tax then be known that it still can be skipped where if that is included in your accomodation cost ideally be confirmed in tenancy agreement.
                    The issue is, it is mentioned in the AST (which as I know isn’t actually AST), but the contract is for a flat that technically doesn’t exist, as it isn’t registered. This again raises more questions. The Landlord wouldn’t be willing to change the Tenancy agreenment because then he’d be acknowledging that what he has been marketing as a flat, is in fact a self-contained unit he never got a permission to build and rent.

                    Many things that were mentioned above aren’t unfortunately true, just the Tenancy Agreenment and my passport isn’t a sufficient primary proof of address for so many places.

                    Comment


                      #25
                      Originally posted by Hudson01 View Post
                      To be totally honest, i cannot understand why the council tax element is more important to you than living in a place which is clearly no where near the fire safety level it should be. We may be looking at cladding on flats in the light of Grenfell but we seem to be missing these bodged up '' flats '' which spring up when rents are high and demand is equally as high, It's a tragedy really and as usual the govt will only catch on when a smaller version of Grenfell happens again...... make sure it is not you (OP) and try and get out of the contract.
                      Honestly, it didn’t even cross my mind and now I’m banging my head against the wall.... I really must have had some serious moment when I originally saw the place... no matter what happens, I am for sure going to report this.

                      Comment


                        #26
                        I would not normally condone breaking a contract you have signed but when it's unsafe to stay there i see little option, if the local council do not have an issue with the '' flat '' then i would question what the point of them really is, they should be there to protect the residents whom they serve, you and your family come under that.

                        The property you live in now was denied permission to be separated into flats (as you say)...... but guess what, the LL did it anyway.....Maybe speak with the local Councillor/MP.

                        Comment


                          #27
                          If i were you i d get a tv licence at the address on line and get it sent to the address you share with the landlord - you just want to make sure when you watch tv you are covered.

                          Comment


                            #28
                            I appreciate that this isn't a problem I'm familiar with but I don't understand the issue with the address for council tax.
                            Hundreds of thousands of people live in lodgings and shared accommodation and, consequently, aren't registered for council tax, but have an address and are able to open bank accounts and so on.

                            As a separate issue, I can understand that you may wish to move on for any number of reasons, and I'd suggest talking to your landlord is a good start.
                            I can't imagine many landlords wanting an unhappy person living in their properties, particularly just downstairs.

                            It's not helpful to think of the wording on a contract making it "void" or somehow invalid.
                            Contracts are amazingly resiliant, and even the most strict judge would simply excise the terms or wording that was problematic from the otherwise perfectly functional agreement.
                            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).

                            Comment


                              #29
                              I wonder if the landlord could get away with this by claiming to be letting rooms under the Rent a Room scheme, as a suite of rooms?

                              Comment


                                #30
                                Originally posted by Berlingogirl View Post
                                I wonder if the landlord could get away with this by claiming to be letting rooms under the Rent a Room scheme, as a suite of rooms?
                                Quite possible - and it's what I think they're actually doing!
                                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).

                                Comment

                                Latest Activity

                                Collapse

                                Working...
                                X