Landlord demands cash in hand or cheques - is he fiddling the books?

Jowo_2

artsy-not-fartsy wrote: »

When I moved in he specified it was a 'trusting house' and the people here were safe because he'd interviewed them personally. Personally I don't like the idea of anyone being able walk into my bedroom when at work from 9-5 or asleep. I will be asking for a lock or maybe just installing one of my own accord.

If you are a lodger with a live-in landlord, most lodgers agreements make clear that the occupant doesn't have exclusive occupation of any part of the property which does mean that the landlord can enter it. In practice, live-in landlords generally respect their lodgers privacy and would no more wander into their room without permission than they would expect their own room to be entered.

If and when you move out to a house-share on a joint-tenancy, it isn't that common for each bedroom to have a lock on the bedroom doors. I don't know whether this is a CT issue, a fire safety concern or the fact that landlords don't want to be woken up by drunk tenants at 2am who've lost their key, though. You will have to get used to an element of trust.

If you install a lock without permission, you risk part of your deposit being witheld to pay for damage to the door and frame and its removal. Lodgers and tenants cannot alter fixtures, fittings, decorate and make changes like that without authority.

However, I would question whether your landlord is a legitimate live-in landlord - you should either be a lodger or a tenant and he seems to blur this.

poppysarah

Get a lock that doesn't damage the door
http://www.howsarlock.com/

I searched for student door lock as I couldn't remember the name of the one people had previously recommended on here

moromir

I may be wrong in this - but I thought the second you started putting locks on bedroom doors as individual occupants you needed to start considering HMO regulations? Additionally I think the TV licencing start to want seperate licences for any tv in each of those rooms. Maybe this only comes into force if there are tenancy agreements on each room, I'm unsure but something else to check out.

princeofpounds

Look, on the rent this is very simple - it doesn't really matter how you pay him as long as there is a paper trail. That is why cheques are perfect and I would be very wary of paying in cash. If he says he prefers cash, point out to him that there is absolutely zero paper trail for your safety and there would be nothing to stop him claiming you hadn't paid the rent. Signed and independently witnessed receipts or rent book might be ok.

He probably is trying to avoid tax or the CSA, but that's not your primary concern, which is to avoid being sued for rent you have already paid. You can report him to the authorities after you have left if you like. Personally I would, but not everyone thinks that is the thing to do.

4 nights of no heating is a pain but sounds like a reasonable response time.

The whole living arrangement in the house just sounds weird.

BitterAndTwisted

The living arrangement doesn't sound weird to me at all. It's probably quite a nice house in a decent state of repair. That someone is prepared to take a study/box-room and pay rent for it is testament to that and the OP doesn't sound like he's being fleeced for the rent either.

I think he should mind his own business and move out if it doesn't suit.

Jowo_2

I do agree that there are clear signs that the landlord is trying to fly under the radar - lack of documentation, cash in hand rent. He seems to have a set-up which is merely a charade of a live-in landlord with lodgers whereas the reality is probably that they are tenants who should have exclusive use of the property without him entering the property without their notice and permission, protect their deposit in TDS, have gained permission to let the property with the lender, gas safety certificate, etc.

And I also agree that the OP should just appreciate that he chose an unsuitable property for his needs so should be putting his time and energy into finding onward accommodation now that it is clear he would prefer a property with less residents, greater room security and that has a live-out landlord, nobody sleeping in the lounge and so forth.

The alternative, given his original request "Please can you offer some advice where I don't have to move out but at least have some rights where I am living", is to contact Shelter to find out if his rights and the landlords responsibilities, dependent on whether his status is as a lodger or tenant.

But essentially, as long as a landlord gives correct notice, he doesn't need to provide a reason to ask a lodger/tenant to leave. I assume that the landlord could serve notice to the OP rather than comply with requests for a contract, TDS, gas safety certificate, payment by SO, lock on the bedroom door and so forth.

kunekune

I read this differently from other people. It sounded to me as though the LL doesn't actually live at the house, and all the rooms are rented out. However, the LL uses the kitchen and occasionally 'puts himself up' in the lounge. If that's the case, then it is a rather odd arrangement. I'm no expert, but it does sound like it might be an unlicensed HMO. It possibly also raises issues about whether the TDS requirements are satsified. He may be claiming to his mortgage company that he lives there in order to avoid higher mortage rates.

vaporate

G_M wrote: »

Not sure exactly what you are worried about: the tax? the boiler? the locks? something else?

Pay him by cheque (there's a paper trail) and get a receipt. He may/may not be paying tax etc - not your job to enforce tax laws!

4 days to fix a boiler? Pretty quick this time of year - plumbers are hard to come by. Lucky they didn't need a part delivered!

Have you asked if you can put a lock on your door? Be insistant and explain your privacy and peace of mind is important.

Have you got a receipt for the deposit? Is it registered in a recognised scheme? Which one? (see here)

Have you got a tenancy agreement? If he is 'living' there (does he have a bedroom himself?), you are probobly a lodger rather than a tenant which means you have fewer (VERY few) rights. What's the arrangement? You have your own room? Share living room/kitchen etc with him/others? Who pays the council tax? Who pays the utility bills?

##

It might not be the OP job, but it may be used as leverage if the landlord becomes difficult to deal with.

:cool:

Jowo_2

kunekune wrote: »

I'm no expert, but it does sound like it might be an unlicensed HMO.

The only mandatory licensing is for 5+ tenants who form 2+ households (i.e. unrelated) in properties of 3+ habitable storeys. This applies to a tiny percentage of private rental property.

Some councils have introduced selective or additional licensing for smaller properties but most haven't. The local council website should clarify the position.

chappers

Personally speaking the arrangements seem a bit strange, with your LL coming and going as he pleases, does he actually have a room of his own or does he just crash on the sofa, if he has a room of his own I would say that you lot are just lodgers, if not then I would say you have an AST and he is breaching your rights to quiet enjoyment.
But having said that the people that were in the house before you seem happy enough, if it is making you uncomfortable I would just find somewhere else to live with a more formal arrangement.
A friend of mine has for years let rooms in his house , he keeps a room there and sometimes will stay for weeks and other times he will be away for months, people seem to come and go all the time,some being on their 2nd or 3rd occupancy, there is never anything more than a verbal agreement with regards to rent ,but the one thing that has remained in that house for as long as I have known him(over 15 years), is a real sense of calm and peace and chilled out welcoming atmosphere. Sometimes the informal, random and chaotic can work