Landlord has debts - will this affect my credit rating ?

littleblue735

Hi, Newbie here, advice needed !
Ive recently moved into a room in a house which also has another girl living there. She used to live with the owner, now he has moved into a friends house so he is renting out the rooms seperatly. Ive paid £350 deposit and pay rent monthly which includes all bills. I have no written agreement, it was all verbal.
He has all his mail delivered there and collects it now and again so in effect it looks like he is still residing there.
Ive recently found out that he is not paying bills on the house, he also has letters from creditors chasing him for money.
So I'm concerned that the utlities may be turned off and that my credit rating will be affected by us both being registered at the same address. Also that we soon have balliffs knocking on the door !
He will not give me his new address and I am concerned about this.
Should I be worried ?
Any advice gratefully received ( as I have never rented before ! )
Many thanks

tbs624

As it appears to all intents & purposes that the LL is still residing there (because all his mail goes there) , it may be argued that you are a lodger in which case you have very few rights. Does he let himself in by key when he calls for his mail? Does he pay the Council tax for your address and is he still registered on the electoral roll there?

If on the other hand you were deemed to be a tenant of a non-resident LL then you are legally entitled to an address for your LL.

If an address at which legal notices can be served on the LL is not supplied then any rent or service charge due from the tenant is treated as *not* being due until the LL does supply this information.

Additionally, if you request, in writing, the name and address of your LL from anyone who demands or receives rent (ie the LL) or is acting as their agent (acting on the LL behalf) and the info is not given to you within 21 days of that request being received they are committing a criminal offence.

The fact that your LL is being secretive about his current address means that there is a likelihood that your LL is letting the property without lender consent,and may also be failing to declare rental income to HMRC.

Presumably, this LL has also not yet scheme-registered your deposit or given you the prescribed info, as required by law? They don't have to do this if you are a lodger but they do if you are letting under an AST which, normally when there is non-resident LL, is the default tenancy.

IMO you need to be looking around for somewhere else to live asap - contact your local LL association and find another property.

I would not pay any more rent until you have sought proper advice- you could ring Shelter 0808 800 4444 (7 days, 8-8) and also speak to the private sector rentals team at the local council.

You may need to go via the small claims court to get your deposit back but if the LL is in a dire financial situation you may have trouble getting enforcement even after judgement in your favour.

I would also contact Equifax, Call Credit & Experian to make sure that no link shows between you and the LL - it shouldn't (because credit records are on the person not the property) but for peace of mind it is still worth checking and asking for an appropriate note to be attached to your file.