Landlord won't let me end tenancy

G_M

CIS wrote: »

As far as council tax is concerned the resident landlord is responsible for paying the council tax on the property so any dispute over that is purely contractual. He would need to take through the civil courts if he wanted to try and force payment from you.

With respect I don't think the OP's issue is with the CT autorities. It is, indeed, the contract he has with the LL that he is seeking help with.

CIS

With respect I don't think the OP's issue is with the CT autorities. It is, indeed, the contract he has with the LL that he is seeking help with.

It appears so - but it heads off any concerns the OP has that the L/L may try and use the council tax charge against hime.

pinkshoes

Do you have it in writing that the weekly amount was inclusive of bills?

As you're a lodger, rather than a tenant, I'm quite sure you can just give reasonable notice and move out.

Just TELL you LL that he told you the amount was inclusive of rent, so this is all you'll be paying, and if he doesn't like that, then you'll find somewhere else to live.

Be polite but FIRM.

theartfullodger

Ask him if he declares the rental income to taxman. Ignore his reply. Wait 30 seconds in silence. Then offer to leave early with no penalty.

Cheers!

Notmyrealname

techcastoni wrote: »

Yes it's my fault for not knowing or checking that most months have 30/31 days

:eek:
Are you serious? You honestly don't know that 11 out of 12 months of the year are more than 28 days with 12 out of 12 months of the year being more than 28 days every fourth year?

You must be the only adult in the UK who doesn't know that most months are 30/31 days and has to check.

Notmyrealname

Loopgames wrote: »

Well, i am looking at leytonstone.

You can get studios for £650 so include all the gas, water, electricity and council tax should come to about £800.

Try rent and council tax will come to about £800. And then there's another £100 at least for the other three plus another tenner for TV licence.

Notmyrealname

theartfullodger wrote: »

Ask him if he declares the rental income to taxman. Ignore his reply. Wait 30 seconds in silence. Then offer to leave early with no penalty.

Cheers!

And before you do that, pack your stuff because you're likely to find yourself leaving that day.

Loopgames

Notmyrealname wrote: »

Try rent and council tax will come to about £800. And then there's another £100 at least for the other three plus another tenner for TV licence.

Nonsense, council tax is only £21 per week, plus £30 and £25 for gas, electricity and water rates per month. Your are overestimating costs for studio and one bed room props. And considering you can get something in the £575 mark for rent you can get your own place for less than £800 all inclusive.

If you want to believe things are out of reach financially, they will be ...for you.:p

G_M

theartfullodger wrote: »

Ask him if he declares the rental income to taxman. Ignore his reply. Wait 30 seconds in silence. Then offer to leave early with no penalty.

Cheers!

Indeed. The governement Rent a Room Scheme allows £4250 per annum rental income tax free, which this exceeds whichever rent you base it on.

Tax fraud can be reported here.....

techcastoni

G_M wrote: »

What do you want to achieve?
1) leave and live somewhere else> or
2) get the rent to include all bills as you expected?

I suspect 2 is a non-starter. You are sharing a home with the LL and either you accept his terms, or live there in constant argument/conflict or you move out.

You are a lodger, not a tenant. On the one hand you have few rights, but also few obligations.

* how long is the 'fixed term' you signed?
* have you paid a deposit?

I would be tempted to simply say nothing for now (it sounds like you will never reach agreement) but to quietly look for a newplace to live (bearing in mind you will not get a reference from him!).

Depending on the size of any deposit you have paid, you may have to accept you will lose it.

Once you have found a new place, simply give him a week or months notice, then move out. Ideally keep relations calm/friendly and say"I'm sorry but it has turned out more expensive than I thought. I can't afford it so will have to leave so you can find someone who can afford your rent".

If it becomes unfriendly/hostile, then just leave. Again, if he has a deposit, tell him to keep it in lieu of notice. If he has no deposit, give him a week's rent.

Yes, he may claim you still owe him rent (because of the fixed term) but he will have to
a) take it from your deposit (hence my comment above) and/or
b) sue you in a small claims court

b) is unlikely (even assuming he can find you) as it takes time/effort and you have, in any case, the defence you have outlined above.

Thanks for this. I think I have enough evidence to get me out of the contract but as he wasn't obligated to put my deposit in any deposit protection schemes you are right in saying that I will most likely lose it. It will be a hard lesson learnt but at least I do not have to live in misery.

I don't believe the contract I signed is valid or legal as it is titled 'Assured shorthold tenancy agreement'. Based on what I've read, this type of agreement can't be done when the landlord and family live in the same property and share the same spaces like kitchens and bathrooms. This is described as 'excluded occupier' and the contract should say this. So I am currently seeking advice as to whether the contract is even valid or not.

But if not, as you say I could take the risk to move out even if he says I can't and take the hit on the deposit.

As the landlord is not the owner of the property I thought I would do some digging for info. I followed the advice on this forum and I paid for the land registry document. This has revealed that the property was purchased only in February of this year and the owners are registered to the same address that I am renting from. Their's a good chance that the mortgage lender has not given permission to the owners to let the property but I am trying to confirm this.