Lodgers Have Few Rights?

EmsLdn

Hello all,

My apologies if this has been discussed ad nauseum but I wasn't able to find a cut dry answers to my questions.
I'm about to move from the security of my one bed flat (complete with tenancy agreement) into the relatively unsecured world of lodging.
I'm looking at the information online and have found lots of information for landlords. Most of it telling them how easy it is to get rid of their lodger should things not work out but I'm concerned with just how easy it appears to be to boot someone out of the place they call home. I understand the importance of maintaining security for the owner and landlord but it feels a little like the lodger ends up with the smelly end of the stick.
Am I reading the advice and guidance wrong? Are there in fact laws protecting the lodger? What about repairs to the property? Is the landlord required by law to make repairs in the same way my current landlord is?
Help!

Ems

00ec25

you ahve understood the situation well - the situation is more akin to a houseshare relationship among strangers than the arms length LL/tenant situation - the law therefore allows the resident LL (homeowner) to evict without reason or explantion or needing court approval provided "reasonable notice" is given - reasonable is not defined in law but is assumed in pratice to mean the notice period set our in the agreement (but there is no requirement to have a written agreement to start with) or one rental period ... hiowever the homewoner still has the right to call the police to enforce eviciton in contrast to the tenancy situatuion where eviction can only be done by court baliffs after serving possession notice thriough the courts

a resident LL does not have to do repairs and the lodger has no right to fiorce them to be done (unlike in the tenancy situation). If it does not work and the resident householder is not bothered by it so won't fiox it then the lodger has no rights to force it to be repaired.

RAS

The general assumption is that someone living in a property will keep it in good order for their own sake.

You have no security of tenure by law, but most people taking lodgers would give one-week to one month's notice.

Likewise, you can leave providing no notice.

The main thing is to be aware that if your relationship with the LL seems to be deteriorating, you need to talk and perhaps to start looking for a new lodging promptly.

sonastin

"Reasonable" will be judged on the circumstances of the eviction. If it is an amicable relationship but the LL wants his/her house back, it would be reasonable to revert to the notice period in the lodging agreement. If the relationship breaks down, it is not unreasonable for the LL to feel uncomfortable sharing their home with someone that upsets them/scares them/makes them feel like they are unwelcome in their own home/etc so the "reasonable" notice period could be shortened significantly.

And you have to remember that it has to be seen from the LL's point of view. Even if you are the meekest, mildest person on the planet the LL only has to claim that you lost your temper and they were scared that you would turn violent and the law is immediately on their side.

So yes. Lodgers have very few rights at all. But that is why lodging should be so much cheaper than renting.

theartfullodger

Except in Scotland where a court decree (=order) is required to evict a lodger: you have a "common law tenancy" as a lodger in God's ain countree... Not, btw, what most Landlords, lodgers or much of the police think...see
http://scotland.shelter.org.uk/getadvice/advice_topics/renting_rights/common_law_tenancies/common_law_tenancy_rights#4

Cheers!

Artful

BitterAndTwisted

Yep, living with someone in their home is very, very different to being a tenant. However, if the two parties are sensible and reasonable folk there's no reason why it shouldn't work out well for both. I've had lodgers in the past and even when things haven't been going well I wouldn't have dreamed of turfing someone out on the street with no notice and I don't suppose that I'm in the minority considering how difficult and expensive it is to find alternative accommodation at short notice in this city.

Brallaqueen

I have taken in a lodger and explained to her the situation with regards to tenure - that at the end of the day I have the right to live unafraid and unmolested in my own home. We agreed a 7 day notice period and that I would provide a list of alternatives. My lodger is tiny and to be honest that went in her favour - hard to be afraid of someone I can pick up with one hand

And yes, as I'm directly affected by anything in the flat going wrong (oven has already clapped out!) it is in my best interest to sort it and quickly.

Yorkie1

One thing which is the same as with tenancy law is that the LL must have a gas safety certificate and (I think) must show you it

PasturesNew

If you want rights, you should look at a houseshare with a tenancy agreement - where nobody in the house owns it, but you're all sharing the house. In which case try to find one that's "bills inclusive", but avoid at all costs any house where there are students or you'll be liable for the whole council tax on what's a big house. Also, ensure you're not signing anything that makes you liable for the rent/bills of the others if they default or do a runner (known as jointly and severally).

Wee_Willy_Harris

Worth pointing out that the definition of "lodger" is determined by fact rather than the LLs opinion. Many LLs would try and determine a tenant to be a lodger.

Brallaqueen

Yes WWH has a point. As I understand it, you should be sharing all facilities, and the LL should have free access to the lodger's room (no locks). If you have any area that is 'exclusively' yours (i.e an ensuite or a lockable bedroom) then the issue begins to get a bit blurry.