Lodger or Tenant?

alexkxx

About to move into a studio.

The studio is actually an extension (garage conversion?) to a semi detached house.

It has a private door entrance (so dont have to go through the main house door)

Then a living/bed room, small kitchen and a bathroom, all for my private use.

Then a door (lockable with key).

Then comes a utility room with washing machine, dryer to be shared with the landlord.

This is all in the side extension to the main house.


From the utility room, there is a door to a patio garden for which i have no access.

From the utility room goes another door to the main house for which I have no access as well.

The landlord lives with his family in the main house.

I have been given a lodger agreement. Am i a lodger or a tenant?

RAS

Do you pay Council tax yourself?

Check on the Council website if the annexe has a separate CT account.

picklepick

Is it furnished?

alexkxx

No. The rent i pay includes all bills.

I dont believe it has separate CT account.

alexkxx

Yes, it is fully furnished (bed, wardrobe, tv, wifi, cooker, etc.)

theartfullodger

Is the studio an extension/conversion of the whole building where landlord lives or is it simply joined on by, say, a 6ft long single-brick wall??

If part of the building then it is a tenancy but not AST (common law, an odd-ball). See
http://england.shelter.org.uk/get_advice/downloads_and_tools/tenancy_checker

If however it is a purpose-built flat it will be an AST.

You would be an "occupier with basic protection"...see
http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/occupiers_with_basic_protection

It is unlikely the local council, the landlord, his agent or solicitor may understand this point. It doesn't matter what the paperwork says - AST, Lodger, whatever, although terms like dates, rent, when rent payable, etc etc etc still apply...

LL still needs a court-order to evict you, unlike a "normal" lodger...

Council tax is interesting but not necessarily related... Furnished or not is irrelevant.

I doubt there is any value in arguing with landlord at this stage about the paperwork (he'll simply say deal-is-off).

Cheers!

pmlindyloo

This is rather a difficult one because it is likely that the owners are saying that you are a lodger so that they can claim the rent a room tax allowance. The fact that you do share some facilities with the owner (the utility room) also 'muddies' the water.

This is indicated by the fact that all your bills are included. Do you have a way of controlling the heating system or is it run off the owners system?

You have no way of knowing if the annex was built with certain stipulations eg not to be rented out, only to be used as indicated on the planning permision application.

You could stir up a hornets nest if you delve too deeply into this.

My personal opinion, if you like it there, is to look at your lodger's agreement and see the kind of notice you have to give, the notice the landlord has to give and what else it says.
Did you give a deposit?
Did you have an inventory done when you moved in?

What is your particular concern about being a lodger rather than a tenant? Did you read the agreement? Were you happy with it?

picklepick

Given that you share the utility room with the landlord and his family, and I believe the rule is that you share some family rooms, it sounds like you are a lodger.

Do your rooms have seperate heating installed? Your own boiler etc?

alexkxx

It is not a purpose built flat.

The house is old around 1930's.

The owner seems to be a nice guy and he said the extension was built around 10 years back and was used as a study/office room.

The kitchen fittings were the recent one.

The utility room has the boiler (newish combi). But the thermostat seems to be in the main house. I did ask about the heating and he said it will be on throughout the day on a timer and to inform him if I felt cold.

My room itself has 2 radiators (1 double and 1 single) with their own thermostat. (but still need the main thermostat to kick in heating which seems to be set around 20 at the moment). The room is warm enough and has double glazing doors and windows.

He also gave me the gas certificate, if that's of any help..

Few issues I have:
1) If the owner says I am a lodger and if I am not (and therefore a tenant), and the owner has not notified the mortgage company, what repercussions would I have?

2) The agreement does say 1 month notice either way and the let is for 6 months. If I didn't get a place to move within the notice period, he is within his right to throw me out, if I'am a lodger?

3) It also says the owner has the right to enter the studio when required with 48 hour notice at least. This might intrude my privacy, while I understand as a tenant, i can deny it, unless its for emergency reasons ?

alexkxx

One month deposit and one month rent in advance.

I did ask if it will be in the deposit protection scheme and he said no.

Did ask him about inventory as well. But it is completely refurbished and is in pristine condition. He did however asked me to let him know if anythings not right. And even asked me to let him know if I have any problems with the mattress.

theartfullodger

He sounds more on the ball & honest than many landlords I'be been lucky enough to meet.