Renting troubles

hayden2222

Basically I can't find a house to rent.

I have however found a spare room in my friends house, all 4 of whom students. the landlord explained at the start of their agreement that he was not insured for the 5th room (HMO or something). (the LL doesn't know me or have a clue that im there at the moment)

So basicaly im living there at the moment, not paying rent to anyone, and the landlord doesn't know that im there. I am registered to pay council tax and vote at my parents house (a different address).
What should I do???? I could either tell the landlord that i need to stay there and im not a student, which might cause problems with his insurance and home of Multiple occupations and he might just say no.
Or I could just carry on living there without the LL knowing, and if he finds out claim that Im a lodger, and that his tennants (my 4 friends) have not been sub-letting (as this would be against their tennancy agreement) the room, and that Im just staying there for a while at a time.

Please can someone help and advise!

Thanks

Ankatden

Students get reduced Council Tax and as LL is paying this then you residing there when not a student will cause council to reassess this at a cost to him yet he gets no income from you for doing this.

Sorry but find your own place as you risk putting friends accommodation at risk and also causing issues for LL who is likely adhereing to local Councils requirements.

hayden2222

can i not just say that its not my permenant abode? and that my parents is, meaning that they pay my council tax, and im just a 'guest'/lodger at my friends student house?

Ankatden

You can say whatever you like but that doesn't make it right does it ?

dizzybuff

When i was a student we had the Boyfreind of one of the students living in the same , house . I kicked up a stink not because he was her boyfreind as I had mine living with me but because it meant that the landlord could be prosecuted for false declaration. In my opinion CC is not to be messed with.

Ankatden

Turn it on its head and god forbid something happens in a HMO where only 4 people should reside according to council and insurance compan. It transpires that 5 people were living there using an extra room not registered for purpose.

In a Court will anybody believe that LL didn't know 5th room was being used as a bedroom or will it be LL breaking the law in housing 5th person in room not authorised for that purpose.

Media will be using LL breaking the law refusing to accept LL did not know.

Meatballs

Are you sure it's an HMO? Do they have seperate tenancy agreements?

Do you think a LL is going to be sent to court because someone who demonstratably doesn't have an agreement, and isn't paying rent to him is staying at the place?

hayden2222

Im not sure if its an HMO, but there are 4 students there all with AST (assured short term tenancy agreements), but there is a 5th furnished room, I'm not a student btw. Im not sure if there is a clause about subletting, but as standard there usually is, but technically the 4 students are not subletting if i'm not paying rent, so does thet LL need to know? also surely if the house is 3 storys the LL should already have an HMO license regardless of the number of people in the house?

RAS

Hi

If you are not a student and are staying in the house then someone, you or the landlord depending on the rental contract, needs to pay a single person's CT.


It does not matter where you are regsitered to vote etc, if you live in the house, you are breaking the law if you do not pay CT because the nil rate is based on all those in the house (on the rent book or not) being students. And CT is one of those things that ends up in bailiffs rather than just a wrecked credit record.

hayden2222

Ok, but if I pay CT then the LL will know that i'm living there, which he would most likely have a problem with as I dont think he is alowed to use the 5th room due to HMO (althought im not 100% on that as all 5 rooms are fully furnished.) But I cant really just call the Ll and ask as he may say there is no way and then im screwed for somewhere to live.

Pepzofio

The right thing to do would be to 'fess up to the LL and get his permission to stay there, then register with the council and start paying Council Tax.

On the otherhand, if you are saying that you are temporarily bunking down in the spare room at some friends' house while you find more permanent digs, and want to know what to do to avoid dropping your friends or their LL in it, then just keeping a low profile for a few weeks might be considered a better option. Just make sure that you do not receive any mail there (e.g. bank account/mobile phone statements etc) or you would have a hard time proving that you didn't to all intents and purposes live there. Before anyone flames me, I am not advocating/encouraging C/Tax fraud, but it is reasonable and acceptable to have a house guest for a few weeks without incurring any additional C/Tax liability, as long as the arrangement is and has always been intended to be a temporary one.

BTW, it's a bit of a misnomer to say that your parents are currently paying your council tax, as the rate they pay with you living there will be no different from the rate they would pay as a couple living by themselves. Also, the LL is not currently paying the C/Tax at your friends' address, nobody is, as students do not attract a C/Tax liability. So the council is losing an entire property's worth of C/Tax by you not registering.