Lodger/Tenancy dispute

[Miss Laura]

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?

[jpkeates]

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?

[Miss Laura]

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?

[Miss Laura]

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?

[jpkeates]

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.

[Lawcruncher]

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?

[Snorkerz]

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.

[mariner]

#1 suggests you are jointly complicit in benefit fraud.

[Snorkerz]

#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.