I'm very uncormfortable with my landlord's requests. Please advise

Bella*_2

Thankyou for all your replies.

It's definitely a license agreement, not a tenancy, and yes, she lives in. I've researched this a bit. Under a license agreement, she does not legally have to put my deposit in a scheme, although a lot of landlords do this even though they don't have to.I'm basically a lodger. It's not even a bank transfer though, so if I pay her in cash, she could always just say that she gave me the cash back even if she didn't. It's difficult to see that I would have a leg to stand on in small claims if she did this?

I don't think that she would fleece me because she's probably conscious that I could easily alert the authorities of the dodgy situation. However, I prefer to keep things above board, as I don't feel my interests are sufficiently safeguarded.

Under these circumstances, would you pay the deposit? I do need to stay here for the next month, as I have paid that upfront. I'm scared that as I am essentially a lodger, she may be able to just ask me to leave if I do not pay the deposit on those terms. Could she do that?

Werdnal

If the agreement you signed says its a "monthly" agreement, then she needs to give you a month's notice to leave and vice-versa, so even though you are a lodger, the agreement can over-ride her telling you to go immediately.

If you are a lodger, she can rent the room to you without any tax liability under the "rent-a-room" scheme, provided rent is under a certain amount per annum - see the link in GM's post above.

If you want to (she asks you to) pay the deposit, just ask for a receipt the same as you have been for your rent payments. If she refuses to give one, type up a short note yourself, with space for you both to sign and date, and ask her to sign before you hand over the cash.

Meantime, take detailed photos of everything in your room to cover youself for any later claims for loss or damage. TBH, other than asking for rent in cash (which in itself is not an offense) the LL here does not seem to be doing anything wrong, other than perhaps not being quite as organised with formal receipts etc, than others may be.

If you feel uncomfortable, just move on ...

BitterAndTwisted

Yes, as you are a lodger she could ask you to leave for not paying the deposit or for any other reason, or no reason at all.

Such a modest deposit is most likely to protect her from you running up massive utility bills or something similar. I suggest that you pay it or risk being kicked out.

Bella*_2

G_M wrote: »

Much depends on whether you are a lodger (sharing with your landlord) or a tenant (exclusive possessionof the property).

As requested above, please reply.

Either way, do NOT pay cash(and certainly not without a receipt!)

Just give a cheque. She can cash it or not - that is her choice!

However, if you are a lodger, and the rent she gets is less than £ a year, there is no requirement for her to declare the income anyway )

She rents out several rooms- It's definitely enough income for her to be taxed. I can't believe these people are paying this woman hundreds of pounds a month in cash with no receipt when they don't even really know this woman. She was joking that I'm a bit paranoid, but I think they are all foolish beyond belief! I know she won't accept a cheque for the same reason she would not accept a bank transfer. :-/

G_M

Bella* wrote: »

Thankyou for all your replies.

It's definitely a license agreement, not a tenancy,
whether itis a licence or tenancy dependson the circumstances, NOT on what happens to be written at the top ofthe document
and yes, she lives in.
So yes, you are right. Lecence
I've researched this a bit. Under a license agreement, she does not legally have to put my deposit in a scheme,
correct
although a lot of landlords do this even though they don't have to.
correct
I'm basically a lodger.
correct
It's not even a bank transfer though, so if I pay her in cash, she could always just say that she gave me the cash back even if she didn't.
Receipt or cheque
It's difficult to see that I would have a leg to stand on in small claims if she did this?
She would have to prove she paid it back, via the receipt you would give her.

I don't think that she would fleece me because she's probably conscious that I could easily alert the authorities of the dodgy situation.
may or may not be dodgy. See rentaroomscheme
However, I prefer to keep things above board, as I don't feel my interests are sufficiently safeguarded.

Under these circumstances, would you pay the deposit?
Yes by cheque of with a signed receipt from her -very common
I do need to stay here for the next month, as I have paid that upfront. I'm scared that as I am essentially a lodger, she may be able to just ask me to leave if I do not pay the deposit on those terms. Could she do that?

Yes of course.

as a lodger you have few rights/protections, and if you refuse to pay the deposit, why should she let you stay!

G_M

How much are you paying (rhetorical question...) and do you know how much the other lodgers are paying?

If the TOTAL rent ismore than £4,250 a year, then the rent-a-room-scheme does not apply, and I suspect she is dodging tax.

http://www.hmrc.gov.uk/tax-evasion/hotline.htm

rrtt

Having had lodgers sharing my home in the past (ie a license arrangement) I can only say that although I accepted cash as well as cheques (incl deposits) and rent was payable monthly, I always insisted on keeping a rent book and also had a rental agreement in place signed by both parties. I felt that these were reassuring to both sides despite not being a legal requirement or even legally binding, and that any good landlord would do similar in setting down basic groundrules for peace of mind on both sides.

Your landlady sounds very dodgy I'm afraid!

zzzLazyDaisy

OP you are a lodger. That means if you are not happy with the arrangement, you can just give one month's notice as you have agreed and move out. Similarly, if she is not happy with you living in her house, she can give you one month's notice to move out.

I suggest that you look at the practicalities - how easy will it be for you to find somewhere else that suits you, at a price you can afford? If the answer to that is 'that's not a problem' then move out and go somewhere else where you will be happier. But if the answer is 'it will be really difficult to find somewhere else' then you might want to be diplomatic, because the bottom line is that, as a lodger, you have few legal rights.

Guest101

mrginge wrote: »

:rotfl::rotfl:

Clueless

Do you mean me clueless, or not a clue?

Bella*_2

G_M wrote: »

Yes of course.

as a lodger you have few rights/protections, and if you refuse to pay the deposit, why should she let you stay!

Of course.I am happy to pay a deposit. I just find it odd to have to trust someone I barely know to give me back £100, when they could easily pocket it and there would be no meaningful proof. Even if she gives me a receipt, she could always just claim she gave me the deposit back, and I couldn't really prove that she hadn't. I have only ever paid by bank transfer and had it put in a rent deposit scheme before this.

She must be earning over £15, 000 total a year from her lodgers.