Possible HMO, slightly obsessive LL advice would be appriciated :)

theartfullodger

G_M wrote: »

Correct.

Specifically Protection from Eviction Act 1977

Indeed: When (if??) LL pretends he is not harassing you refer him to this wording....

Part I Unlawful Eviction and Harassment1 Unlawful eviction and harassment of occupier.

(1)In this section “residential occupier”, in relation to any premises, means a person occupying the premises as a residence, whether under a contract or by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of any other person to recover possession of the premises.

(2)If any person unlawfully deprives the residential occupier of any premises of his occupation of the premises or any part thereof, or attempts to do so, he shall be guilty of an offence unless he proves that he believed, and had reasonable cause to believe, that the residential occupier had ceased to reside in the premises.

(3)If any person with intent to cause the residential occupier of any premises—
(a)to give up the occupation of the premises or any part thereof; or
(b)to refrain from exercising any right or pursuing any remedy in respect of the premises or part thereof;
does acts calculated to interfere with the peace or comfort of the residential occupier or members of his household, or persistently withdraws or withholds services reasonably required for the occupation of the premises as a residence, he shall be guilty of an offence.

Cheers!

planning303

Thanks for all the advice everyone I spoke to my friend today and she really apprciates it :beer:

Owain_Moneysaver

V_Chic_Chick wrote: »

I will just add, however, that my understanding is that councils normally only licence HMOs for one occupant per bedroom,

There will be a licence condition for the maximum occupancy of the HMO.

At least in Scotland, Double/twin/family bedrooms, bed-sits, or bed-sits with cooking, are permitted if the rooms are big enough.

Strapped

If she's on a fixed term agreement then I'd tell her to expect for it not to be renewed at the end of that term though - which doesn't sound like a huge loss with this LL tbh.

S___F_2

Hi everyone I'm "the friend" Thanks everyone for all the advice it's been so helpful. I thought I would answer a few of the q's that have been asked and give a bit of background info:
When I came to view the house initially I explained to the LL (before I signed the contract) that I have a boyfriend back home (which is miles away (hence the need for an overnight stay) and that he would like to visit every few weeks, he said that this was not a problem as long as he wasn't living here (Sub-letting). He made no mention of any additional charges for the luxury of sharing my single bed/sleeping on the floor haha. There are no problems with overcrowding as the house is REALLY big, huge lounge, kitchen area etc plus I have spoken to the other housemates who have all said that they have no problem with him occasionally staying over, especially as in this house everyone keeps themselves to themselves and mostly stay in their own rooms. The 2 single rooms pay the same rate and the 2 doubles pay only £15pw more than me for rooms more than double the size and this is split between them, so I highly doubt anyone is annoyed due to this.
I am on a 6 month contract which I am only about 7 weeks into, so a lot of time left ideally I'd like to move somewhere else and not feel spied on, but is there any way of leaving early without forfeiting deposit and/or being liable for the rent until contract ends? and to Strapped: I'd be SO glad not to renew it haha, the house is so lovely though, it's a shame he's such a turd.
It'd be so much easier to bring up legalities etc if he wasn;t just down the road and very likely to bump into, I don't want any awkwardness but then I guess he started it really.
Anway thanks again, if anyone has any further advice please post?
P.s. Does anyone know if the contract is actually legally binding if he has stated that he is a resident landlord on a legal document when that is infact a LIE?

Fire_Fox

Welcome! If he says he is a resident landlord there is something fishy going on - like he's claimed exemption from HMO legislation or is not paying proper tax or both. Have you telephoned the council and asked about the HMO listing yet? Also have you found out if/ where your deposit is lodged? If the landlord is not properly registered as an HMO the house is overcrowded, whatever the size. It could also be dangerous, the point of HMO legislation is to protect tenants in the event of fire etc.
http://england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits/tenancy_deposit_protection_schemes/?a=502196

G_M, who is a very knowledgeable chap, says you are in an Assured Shorthold Tenancy because the landlord is not resident and that makes sense to me - unfortunately ASTs are more difficult to extract yourself from than say a lodger agreement. You would have to ask for surrender and the landlord would have to agree. BUT knowledge is power: if the landlord is breaking HMO regs or tax evasion or not lodged the deposit there are hefty fines for each, could be your [STRIKE]blackmail[/STRIKE] bargaining tool. If you want someone to look over your tenancy agreement you might scan it in and post a link here (remove ALL identifying information!) or scan it in and ask Shelter to look at it for you and comment.

buorfrsxs

[FONT=&quot]can a landlord actually tell the tenants how they can enjoy the property if he is not a renting rooms out to lodgersand is renting to tenants’ (albeit, multiply tenants)?[/FONT]

tbs624

Fire_Fox wrote: »

Welcome! If he says he is a resident landlord there is something fishy going on - like he's claimed exemption from HMO legislation or is not paying proper tax or both.

Resident LLs can only share the property with two other unrelated people for the property to not be viewed as an HMO, so with this many Ts in the property the place is an HMO whether or not the LL actually resides there.

The LL may be hoping to avoid deposit regs by saying that the agreement is non-AST but ,as G_M says, the LL can call the agreement what he wants but doing so won't alter the legalities.

Get a new sim card so he can't keep texting you.

Check the HMO register with the local Council

Formally request that your LL scheme registers your tenancy deposit and provides you with the scheme's prescribed info. You can first check with each of the 3 schemes online yourself - TDS, mydeposits and DPS.

Contact the Council's private sector tenancy relations officer for some guidance of the LL persists with his unwarranted intrusions into your personal life. He is entitled to know that you have not moved someone in to your room and/or that you are not subletting but anything more borders on tenant harassment IMO, particularly if contact is invasive and frequent.


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S___F_2

Thanks 'Firefox', I will upload a copy (with id info omitted) later on this evening, and 'tbs624' I have checked all 3 deposit schemes and have not found my deposit so I am guessing it is not registered. This is probably because LL has said on the contract that he is a resident landlord and therefore it isn't a legal requirement, but as he lied on that count does that mean that it is?? And regarding the sim card suggestion, I haven't recieved a barrage of texts, it started off with one rude, rather sarcastic one, claiming that I am dishonest (untrue as I told him in advance of moving in about bf occasionally visiting which he AGREED to and have made no attempts to hide that he is staying) and then another after my reply, also rude and claiming that utility usage is "through the roof" (remember there are 5 other people in this house who have not had this brought up with them) and that if my bf does stay he should pay £20 a night and only with his say so (I hardly think that him staying one night in a 3 week period makes any difference whatsoever, it's not like he brings his laundry up here and runs all the taps, plus when he is staying we tend to go out anyway, and even if there was slightly more consumption, I feel that £20 is extortionate to share a single bed) and that if it's going to turn into a "student house" he will have to review the rent (i feel bordering on blackmail). The fact is that I moved to this house because I myself didn't want a typical student house as I have a lot of work to do and I'm quite a bit older than most of the students in my year, I've not been throwing huge parties, or making any mess or noise, it is one guest who I discussed with him PRIOR to moving in.

Fire_Fox

:rotfl: Sorry but the man is a waste of oxygen. YOU are dishonest???? Outrageous. :rotfl:

The landlord cannot randomly increase your rent in the fixed term of an AST and, unless there is something specific in the contract, he can only do so afterwards with a valid section 13 notice which he is too stupid to send because he claims it isn't an AST (it is). http://www.landlordzone.co.uk/legal/tenancies-residential/rent-increase.htm

I'd lodge all those nasty texts with the police - harassment under the Protection from Eviction Act. Wonder if he has done anything similar to the other tenants? If so all report the harassment, this will benefit you later if the landlord is silly enough to try to get back at you. The police might not take any action, just get them on record. http://www.communities.gov.uk/documents/housing/pdf/138298.pdf

Then I'd find out about the HMO, report him to HMRC for tax evasion, tell all the other tenants about the penalty of up to three times the deposit .... those texts could cost him many thousands of pounds. http://england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits/tenancy_deposit_protection_schemes#5

Try not to worry, there is plenty of legislation to protect tenants from such shysters. And some of the regulars here are highly professional and knowledgeable landlords who will help you exercise your rights. And there is the charity Shelter and the local council who are also 'on your team'.