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 Advice Needed
                    by Hudson01
                    I am very sorry to hear about the issue, i can add little more to what has already been said above, I am one of those lanldords spoken about in terms of about to sell up........ all that has been pointed out as to why we are all leaving is totally true, it has simply become too much hassle and with...
                    16-05-2022, 20:53 PM
                  • Advice Needed
                    by Confused2022
                    Hello!


                    I an trying to get as much information and advice for someone whom is very vulnerable and has many health problems.

                    The issue is they have lived at a property which they’ve rented now for 2 years just over, never missed a rental payment and never had any issues,...
                    15-05-2022, 15:45 PM
                  • Reply to Invoice for work - am I being unreasonable?
                    by Hudson01
                    I agree with one of the other posts, Company A should have sorted the whole job, it sounds like a 10 mins job with maybe a collar for the pipework being tightened up and then some basthroom sealant ...........you are right.......... just under a ' monkey'' (Arthur Daley speak) for what is a simple pipe...
                    16-05-2022, 18:46 PM
                  • Invoice for work - am I being unreasonable?
                    by Laurasplog
                    We have a London flat managed by an agent (full management service).

                    My husband and I were abroad, and got a call from the council saying the property was leaking sewage into the flat below. We contacted our agent immediately who sent someone around the same day (Company A).

                    ...
                    16-05-2022, 12:58 PM
                  • Reply to Invoice for work - am I being unreasonable?
                    by theartfullodger
                    What does your agreement (or terms & conditions sent) with this say about such queries, please? I'd start there first & then probably their complaints process (if they have one)

                    Is this the lettings agent on the block (of flats) management agent please?

                    I humbly note...
                    16-05-2022, 16:15 PM
                  • Reply to Invoice for work - am I being unreasonable?
                    by Laurasplog
                    The pipework was found to be sound. I think Company A were there as an emergency "see if it's sewage and shut off the water if necessary". They said it was a pipework problem and a sealant problem. Company B carried out a full audit on the pipes and found it was only a sealant problem....
                    16-05-2022, 14:59 PM
                  • Reply to Invoice for work - am I being unreasonable?
                    by Laurasplog
                    The letting agent engaged all of them. We gave them an instruction to fix whatever the problem was after the notification from the council there was a problem - we pay for a full management service.

                    I doubt the agency will give us money back because they've paid it out directly to the contractor,...
                    16-05-2022, 14:58 PM
                  • Reply to Buying a tenanted residential property
                    by theartfullodger
                    In November 1979 BoE base rate hit 17% under Thatcher's government. My building society was kind by only raising their rates to 15%.....

                    IMHO rates will continue to rise. Sorry.

                    What you are proposing would breach your mortgage terms and possibly result in place being repo'd....
                    16-05-2022, 14:30 PM
                  Working...
                  X