Lodger rights

BillTrac

I have searched, but rather than search every thread about lodgers, which wouldn't necessarily tell me what I am looking for, I thought I would post.

A friend of mine split from her long-term partner recently, and now rents a room in a house with two other rooms let to others. House owner lives there. She isn't happy there and has found another place to rent.

I know this makes her a lodger , rather than a tenant, and I guess this limits her 'rights' as such.

The lady she will be house-sharing with originally wanted a weeks notice agreement each way, but has agreed a years rental with a months notice either way.

I am not sure that this agreement means a lot as I have read on here that lodgers can be removed, it seems, a lot easier that tenants.

Can someone, as I don't want to give her the wrong information, give me a brief overview of her rights, and what she should be agreeing to? And also anything she should look out for/ be prepared for?

Many thanks in advance

deedee71

If the landlady is letting more than two rooms that is classed as an HMO (House of Multiple Occupation) which has to be registered with the local council or risk a £50,000 fine. The landlady will have to meet very stringent Health and Safety requirements.

As you know a lodger agreement is really just laying down what each party expects. I don't think you need to get hung up on notice periods - I would be more inclined to want to know about bill splitting, do the rooms have locks, who else will be sharing the house, cleaning of common areas etc.

BillTrac

Thanks Deedee,

there will only be the landlady and my friend.

I just want to make sure that she can relax and not worry about any possible problems.

Thanks again

00ec25

deedee71 wrote: »

If the landlady is letting [STRIKE]more than [/STRIKE]to two or more people who form four or more households (incl the LL herself) [STRIKE]rooms[/STRIKE] that is classed as an HMO (House of Multiple Occupation) which [STRIKE]has[/STRIKE] may have to be registered/licensed with the local council depending on whether that council operates "selective" licensing. If they don't, it doesn't UNLESS the property is let to 5 or more people comprising 2 or more households AND is 3 or more storeys in which case it is a mandatory licence and if you do not license it you [STRIKE]or [/STRIKE]risk a [STRIKE]£50,000 [/STRIKE]£20,000 fine .

in plain terms (as corrected by others below) resident LL + 3 or more unconnected lodgers = HMO

The landlady will have to meet [STRIKE]very stringent [/STRIKE]various Health and Safety requirements if it is classed as an HMO. For a mandatory HMO these are very strict

see above corrections, accuracy is important for technical facts

00ec25

BillTrac wrote: »

The lady she will be house-sharing with originally wanted a weeks notice agreement each way, but has agreed a years rental with a months notice either way.

I am not sure that this agreement means a lot as I have read on here that lodgers can be removed, it seems, a lot easier that tenants.

Can someone, as I don't want to give her the wrong information, give me a brief overview of her rights, and what she should be agreeing to? And also anything she should look out for/ be prepared for?

Many thanks in advance

the agreement does not mean a lot. In theory having a written agreement signed by both LL and lodger that defines the rent payable and the notice period it becomes a contract and therefore the lodger could sue the LL for breach of contract but that does not give the lodger any housing "rights"

again in theory having set out a notice period then eitehr party has to observe it, but , at the end of the day the law says a resident LL must give "reasonable" notice. This is not defined in law for the xpress reason that resonable notice can mean none if the LL feels threatened in their own home. The fact a written agreemenmt exists gives a basis for shwoing what the LL thinks of as reasonable and thus unless the relationship has broken down, what the LL or lodger should give as notice. If either one does not, then it becomes a contractual matter for settling as a breach of contract not as a breach of housing law rights

G_M

BillTrac wrote: »

..., and now rents a room in a house with two other rooms let to others. House owner lives there.

Confusion because the above statement conflicts with:

there will only be the landlady and my friend.

However, this is unlikely to be an HMO requiring licencing, but see 00ec25's post.

Lodgers' rights are limited.

A lodger must be given 'reasonable' notice (there is no definition). A week would be acceptable. Or a month.

The lodger agreement could be a contract, so if it states a month, then contractually that could be binding. However

a) no court order for possession is required (as is the case for tenants), so LL can simply give notice, then evict

b) if the contractually agreed 'month' was not complied with (ie LL evicted after a week's notice) the only come-back for the tenant would be to sue for breach of contract, with doubtful chances of success.

There have been occassional threads on here by landlords/ladies who have been threatened (even terrorised) by theit lodgers, and in those cases the advice has always been:

Just evict. Today. Since where a landlady is being put in fear within her own home it is 'reasonable' to give minimal, or even zero, notice.

edit: snap 00ec25! your fingers are flying!

anselld

00ec25 wrote: »

see above corrections, accuracy is important for technical facts

I believe LL + 2 lodgers is not HMO. There would need to be three lodgers from different households to become HMO.

http://www.landlordzone.co.uk/pdf/LicensingPlanningRules.pdf
"Homeowners with up to two lodgers would not be classed as a HMO"

red40

BillTrac wrote: »

A friend of mine split from her long-term partner recently, and now rents a room in a house with two other rooms let to others. House owner lives there. She isn't happy there and has found another place to rent.

It makes the property a HMO as there are 3 lodgers and the landlord.

00ec25 wrote: »

If the landlady is letting to more than two or more people who form two or more households (incl the LL herself) rooms that is classed as an HMO (House of Multiple Occupation)

It isn't and that information is incorrect. Please refer to Schedule 14(6)(1)(c) of the Housing Act 2004, which will direct you to the following Statutory Instrument

http://www.legislation.gov.uk/uksi/2006/373/regulation/6/made

anselld wrote: »

I believe LL + 2 lodgers is not HMO. There would need to be three lodgers from different households to become HMO.

100% correct anselld.

deedee71

00ec25 wrote: »

see above corrections, accuracy is important for technical facts

Not really a correction more a clarification. I didn't see the point in going into it too deeply.

I should have said in my council area it more than two rooms ( or individual households). And in my area the fine is £50,000 - well it certainly was in the letter I received accusing me of running an illegal HMO :rotfl:

ETA. The OP has now changed it to just the landlady and friend anyway.