Lodger or Tenant?

pmlindyloo

Mmmmm, as I said, this is rather a difficult one.

I am sure that there are all kinds of legal issues which others will tell you about.

Bottom line is this could work or it could be a bit nightmarish. However, renting even as a tenant can be problematical so in the end it is up to you.

If the owner hasn't done everything correctly then there is a chance that things might go 'belly up'. Equally, things could go smoothly.

The LL sounds nice and if the time he wants to 'inspect' isn't convenient then you could just suggest another time. He may not even bother you at all.

alexkxx

One more thing i forgot to mention..

The rent is inclusive of bills, but was split up in 2 parts.

... agrees to pay a rent of £400 plus a fixed price of £75 for utilities to cover gas, electricity, water and council tax which will be paid monthly in advance.

Not sure if this changes anything..

olly300

alexkxx wrote: »

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?

You sound like a lodger who is living in the extension of a house.

The fact that you don't have any separate utilities and share some rooms indicates this.

alexkxx wrote: »

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?

You have a contract. He can only throw you out as per the contract.

alexkxx wrote: »

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 ?

You can but why would you?

Lots of people panic about these clauses but the majority of landlords don't abuse their position. You only get to hear about bad landlords and letting/estate agents who don't know the law on forums.

Generally if you are reasonable with people they are reasonable back with you.

olly300

alexkxx wrote: »

One more thing i forgot to mention..

The rent is inclusive of bills, but was split up in 2 parts.

... agrees to pay a rent of £400 plus a fixed price of £75 for utilities to cover gas, electricity, water and council tax which will be paid monthly in advance.

Not sure if this changes anything..

He's trying the tax angle. It's nothing to do with you.

alexkxx

Thanks all for your replies.

Hopefully i will have no issues with the owner.

The agreement (1 page) didn't mention anything about bringing friends/guests, so not sure if it will be a problem if i get my gf to stay with me once a while. She works in a town a bit far from me.

Should I discuss this with the owner? He did mention No pets, No loud noise in the night, No smoking.

Also, I believe the inventory will be informal, with no paper checklist to be signed. Since the deposit is not protected, should I just pay whatever he asks for if there happens to be any damage or should i ask for a signed inventory (but as i said in me previous comments, all in pristine condition..)

Not very sure about the lodger rights.

alexkxx

Also, with this lodger agreement, can I

- register myself in the electoral roll ?
- apply for bank accounts/credit cards ?
- use it as a proof of residence anywhere asked ?

00ec25

Ok - he's doing it as a lodger because of the favourable tax treatment that gives him . It also avoids requirement for deposit protection
you can and should :
1. agree a written inventory showing the condition of everything with him now. Without that you will end up having arguments over your deposit and his deductions from it. Yes it may all be prisitine but will he claim for something you never had? Get it written down now

2. agree rules that affect you in advance - Gf staying over is best sorted now even if you don't like the answer

3. it will be your home .
- He and you are required by law to register you on the electoral roll, its not optional
- its your address so you use it accordingly
- for those who'll accept it then yes your agreement is "proof" of residence

princeofpounds

Have you discussed with the landlord if the annexe has its own address or not? (The likelihood is no).

You will be able to use it for proof of residence. You will be able to apply for bank accounts (although how the mail gets delivered to your annexe rather than the main house I am not sure - you need to trust the landlord to 'forward' it). You will be able to register yourself on the electoral roll (although again there is the mail issue).

You might also find out that the council takes a different view of it being a separate household for council tax purposes if they find out. So the landlord might be sensitive about how you apply for the electoral roll.

Not having an inventory is more of a problem for the landlord than you. You should certainly discuss visitors because if there is a differnece of opinion after you move in it could be messy.

If the landlord doesn't declare you to his mortgage lender, it's only really a problem if you are a tenant, and even then it's not your problem. The most annoying situation would be if he fails to pay his mortgage and the whole property gets repossessed, and he doesn't tell you in time.

If you are a lodger he can throw you out whenever is reasonable. Normally that is any agreed notice period, but if you start to do something weird like start fires in the bedroom then that can be sooner!

As for entry, if you are a lodger he can enter at any time. It's his house.

aeb_2

This sounds very like my situation and I agree with what has been said. My lodgers have their own 'front' door at the side, share heating with the main house, share internet, etc.

One thing you might check. Where will your post be delivered? If through the house letter box will you have to wait until they get home and give it to you? I live in a village and the postman puts my post through the letter box and leaves the 'lodgers' post in the porch which they have access to.

I added their names to the electoral role too so does that make their address official for applications/checks, etc, I'd not though of that before but it sees to work OK. Nearly three years now.

I think I charge too little but it suite us all for now.

alexkxx

Thanks all.

The annexe does not have its own address. Shares the same number.

The main house has a porch which is not locked. Letters get delivered there. So i will be picking it up there whenever i need to.

I'll talk to him about the inventory and gf thing when i meet him tomorrow in person.

He did mention I have to get my own TV license, which is ok by me anyway. And laughed about not downloading too large files and no pirated content. Though i have no reason to, guess he wont have access to what I am doing on the net.

If only he could give me access to the (nice) garden.. oh well.. cant have everything i suppose.

I guess tenants will have access to them as well..