Lodger/Tenancy dispute

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

    Lodger/Tenancy dispute

    Hello,
    Had a lodger for 2 years. After losing his job, he needed to claim benefits. 2 months ago, he sent me an email with a Shorthold tenancy contract to sign so he can claim benefits. I did not want to sign any contract but he threatened to cause me problems and i gave up and signed it. Now he is claiming that i have no rights to come into the property. He refused to leave after the 4 weeks notice i gave him. I am a resident landlord but i travel a lot and come to the flat every months. I had my beddings, toiletries and personal belongings in my room.

    The AST (shorthold tenancy) should be void when there is a resident landlord. On the document the addresses of both parties are the same. Does that make the contract void and inapplicable?

    #2
    For you to be a resident landlord, you have to live in the property, not visit it every few weeks.
    Is it actually your main residence, or do you live somewhere else and visit from time to time?
    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


      #3
      It is my only place and main residence, I can work in another city or go traveling but I always come back at my flat. I have no other place in my name, no tenancy or utility bills. I have also read on gov.co.uk that the resident landlord doesn't have to live continuously in the property. I could go traveling in the world but that would still be my main and only residence i believe. Is that right?

      Comment


        #4
        The other issue is even if i am not a resident landlord, he is renting "1 room" not the whole flat. We initially agreed he has his room and i have mine. This AST with both of us having the same address is void i think. In an AST you cannot have the same address as your landlord. This contract is inapplicable i believe. Can someone confirm please?

        Comment


          #5
          Yes, more or less.
          People have different ways that they live somewhere.

          If you're confident that a court would accept that it's where you live, you can evict them without going to court.
          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


            #6
            Originally posted by Miss Laura View Post
            The other issue is even if i am not a resident landlord, he is renting "1 room" not the whole flat. We initially agreed he has his room and i have mine. This AST with both of us having the same address is void i think. In an AST you cannot have the same address as your landlord. This contract is inapplicable i believe. Can someone confirm please?
            The address of the parties stated in the tenancy agreement is irrelevant. What is important is what you said were letting to him. Does the tenancy agreement specify one room or the whole property?

            Comment


              #7
              Lawcrunchers question is vital and will seriously affect your ease of removing this person.

              If you evict this person and he claims illegal eviction then it is the council, not the police who will prosecute. Therefore, before you start changing locks etc, I suggest you have a chat with the local housing department to explain your situation and see if they agree he is a lodger.

              You may find the website www.lodgerlandlord.co.uk a useful resource for the future.

              Comment


                #8
                #1 suggests you are jointly complicit in benefit fraud.

                Comment


                  #9
                  Originally posted by mariner View Post
                  #1 suggests you are jointly complicit in benefit fraud.
                  Doesn't really help with OPs question - it's a matter of semantics anyway as tenant would still be able to claim HB with a lodger agreement. If we are to encourage new members to stay, learn and become better landlords, we need to encourage them.

                  Comment

                  Latest Activity

                  Collapse

                  • Reply to Rental Arrears claim against deposit
                    by DPT57
                    Which is another reason never to let an agent deal with the deposit.
                    22-09-2020, 17:04 PM
                  • Rental Arrears claim against deposit
                    by redgoody
                    We have recently informed our agents, who have in turn informed the tenants, that we are claiming the full amount of rental arrears from their deposit. Deposit is £1,065. Rental arrears £1,059. Prior to moving out, the tenant indicated that it was his intention to settle arrears using deposit....
                    21-09-2020, 15:45 PM
                  • Reply to Do you regularly (or at all) increase rent for existing tenants?
                    by tatemono
                    my mistake in not clarifying what I meant by us not being in it for the money. Yes, it's an investment and it's a better way of using money than having it just sitting around, so yes, getting a return is important. What I meant was that we're looking for enough of a return, and we have way more than...
                    22-09-2020, 17:03 PM
                  • Do you regularly (or at all) increase rent for existing tenants?
                    by ChrisDennison
                    I would like to gauge your experience on this - in all my properties I have never increased rent in an existing tenancy, regardless of how long the tenant stays. Am I stupid or normal or somewhere in between?

                    I’m of course happy to adjust to market rent whenever a tenant moves out and...
                    19-09-2020, 19:00 PM
                  • Reply to Possible to end tenancy early?
                    by jpkeates
                    While it's possible that your account might make a judge more sympathetic to your side of the case, it shouldn't make a lot of difference.

                    A fixed term is a fixed term and you'd be relying on the landlord agreeing to something that they don't have to or doing something they don't have to....
                    22-09-2020, 16:58 PM
                  • Possible to end tenancy early?
                    by May79
                    I’m having a truly horrific time in my new rental property and after an incident with LL today I’ve decided I cannot stay here. I’ve signed a 12 month assured shorthold tenancy and LL is in breach of the agreed terms on multiple counts. I do not feel safe here anymore and despite the exorbitant...
                    21-09-2020, 22:07 PM
                  • Reply to Possible to end tenancy early?
                    by May79
                    My cat wasn’t that old or sick, we have had numerous sightings of him some 20 miles away and believe someone has dumped him there. We’re still searching for him.
                    Thanks for your advice it’s much appreciated, I’ll start looking for somewhere else. I’m hoping that their appalling conduct...
                    22-09-2020, 16:53 PM
                  • Reply to Proving tenants are related
                    by DPT57
                    Yes, but the HMO regulations are in statute and I assume that a Council policy defining family relationships could only relate to their licensing conditions....
                    22-09-2020, 16:48 PM
                  • Proving tenants are related
                    by Kestrel78
                    This is our first time letting a property. One of the first viewings are three nurses who say they are cousins. We don’t have permission to let as an HMO, so is there a way to prove their relationship or anything we can ask them to sign to state their relationship so we are covered legally with our...
                    19-09-2020, 12:14 PM
                  • Reply to Possible to end tenancy early?
                    by jpkeates
                    The only way to end the tenancy early is with the landlord's agreement.

                    But
                    First of all, you need to find somewhere else to live and, probably, move there.
                    Then take the keys to the agent and offer to surrender the tenancy and hand the keys over.
                    Then keep your eye on...
                    22-09-2020, 16:47 PM
                  Working...
                  X