lodging at a housing association owned house.

tzzt123

I probably shouldn't have opened the LL's mail, however the reason was the fact she told us the house was her house and pretended everything was ok even after I told her a woman from the housing association came and said they owned the house and asked questions. Not only that she put us in risk of taking a part of fraud since I answered the questions not knowing what was actually going on. And so we were even more worried the second time the housing association lady came and handed over the letter.

Once again even then the LL didn't tell us what was actually go8ng on and pretended like all of it is one big mistake.

even now after she told us we are all getting evicted it turns
out she is actually keeping a 5 bedroom to herself while she
works and turned it into an illegal hotel, while we are struggling
to find a job and therefore housing and were recommended by the council to take a loan so we can rent a house.

tzzt123

One more thing - I am not sure what the difference is but we did sign a contract. Is the LL not supposed to provide us with a written notice? The notice the LL gave us was not formal but a verbal warning that we might have to leave if she wont be able to keep the house. It only turned into "so when are you leaving and have you found a place yet" a couple of days ago while while it turns out she is actuality keeping the house and is going to use the money she has earned thanks to the counsil to renovate it

[Deleted User]

Post a copy of the contract that you signed. If you are lodgers you have less rights than a one-armed green and yellow scissor user. If you are tenants (unlikely if the landlord lives with you) then you may have rights that protect you in this situation, however nobody can advise you without seeing the contract.

The front page is the most important, does it say anything like "Assured Shorthold Tenancy" or "Assured Tenancy", or "Lodger Agreement"?

CKhalvashi

datlex wrote: »

I rent from a housing association. My tenancy states that I can permit two people to live here - myself and another. This is because it is a 1 bed flat. If I were to live in a larger property, my tenancy would state I could have more people living with me.

The landlord can charge rent of £4250 (rate in 2012) without incurring tax.

This is correct, and there's no breach at all of taking on a lodger, in fact, as a Cllr, I've encouraged it for those that would have benefit shortfall, and in some cases, rent received at fair rate is more than is paid to Landlord.

Unfortunately, I doubt you have many rights. I personally would register with the housing association. Sharing a home with people you are not related to puts you in a higher band.

Having a roof over your head, unless there are set circumstances, such as health, will gain no more priority in our council.

The Landlord, however, is entitled to give notice to quit, and can proceed to change the locks after this period. It should be given to you in writing.

zzzLazyDaisy wrote: »

If you were my lodger and you opened my mail, I would have evicted you too. Lodgers are bare licencees with no right of occupation. So I would suggest that you start looking for somewhere else to live, as a matter of urgency.

I'd do the same, unless I'd asked for the post to be opened (I have asked a lodger to do this, if something postmarked from a bank in Russia came through the door, as I needed to check something, and was 4h from home)

The LL must follow above steps, however notice of 24h can be given, or even immediate notice, so be warned.

CK

t0rt0ise

tzzt123 wrote: »

I probably shouldn't have opened the LL's mail, however the reason was the fact she told us the house was her house and pretended everything was ok even after I told her a woman from the housing association came and said they owned the house and asked questions. Not only that she put us in risk of taking a part of fraud since I answered the questions not knowing what was actually going on. And so we were even more worried the second time the housing association lady came and handed over the letter.

Once again even then the LL didn't tell us what was actually go8ng on and pretended like all of it is one big mistake.

even now after she told us we are all getting evicted it turns
out she is actually keeping a 5 bedroom to herself while she
works and turned it into an illegal hotel, while we are struggling
to find a job and therefore housing and were recommended by the council to take a loan so we can rent a house.

Why was it illegal? As everyone has said there is nothing illegal about taking lodgers. And it sounds as though it was one big mistake where the HA assumed she was subletting instead of taking lodgers. Now she's proved to them she isn't letting it out she's able to stay.

Why are you appalled at a tenant earning money from lodgers when you weren't appalled at the idea of an owner earning money from the same lodgers? Are tenants not allowed to make money? Are they supposed to be poverty stricken?

gazter

t0rt0ise wrote: »

Why was it illegal? As everyone has said there is nothing illegal about taking lodgers. And it sounds as though it was one big mistake where the HA assumed she was subletting instead of taking lodgers. Now she's proved to them she isn't letting it out she's able to stay.

Why are you appalled at a tenant earning money from lodgers when you weren't appalled at the idea of an owner earning money from the same lodgers? Are tenants not allowed to make money? Are they supposed to be poverty stricken?

If they are on benefits, as long as everything is declared its fine. Though, maybe people who sublet should have the housing subsidy removed from their social housing.

t0rt0ise

gazter wrote: »

If they are on benefits, as long as everything is declared its fine. Though, maybe people who sublet should have the housing subsidy removed from their social housing.

If she is subletting then she will lose the property altogether as it is not allowed and quite rightly so.

Did you read the whole thread?

zzzLazyDaisy

tzzt123 wrote: »

One more thing - I am not sure what the difference is but we did sign a contract. Is the LL not supposed to provide us with a written notice? The notice the LL gave us was not formal but a verbal warning that we might have to leave if she wont be able to keep the house. It only turned into "so when are you leaving and have you found a place yet" a couple of days ago while while it turns out she is actuality keeping the house and is going to use the money she has earned thanks to the counsil to renovate it

In law lodgers can be asked to leave at any time. They have no right of occupation, and can be given just enough notice to pack their bags. There is is no doubt that you are a lodger and not a tenant as the law clearly defines a lodger as living in the same house as a resident landlord.

If you signed a lodger agreement/contract then this will say how much notice you are entitled to be given. There is no requirement at all for the notice to be given in writing unless the contract says so.

I think your mistake has been in over-estimating your rights in this situation.

This is the lady's home. She takes in lodgers, which she is entitled to do. She is also entitled to ask them to leave if the arrangement is not working. It is very clear from everything you say, that this arrangement is causing her nothing but hassle. It is not surprising, really, that she no longer wishes to share her home with you, is it?

zzzLazyDaisy

gazter wrote: »

If they are on benefits, as long as everything is declared its fine. Though, maybe people who sublet should have the housing subsidy removed from their social housing.

Subletting is against the tenancy agreement and not allowed. This is where the Housing Association tenant is living somewhere else and unlawfully renting the HA house out to private tenants.

Having a lodger is allowed. This is where the HA Tenant is living in the property as their home, and renting out rooms in their house to people who share the facilities (bathroom, kitchen etc) with the HA Tenant.

Two entirely different scenarios.

gazter

zzzLazyDaisy wrote: »

Subletting is against the tenancy agreement and not allowed. This is where the Housing Association tenant is living somewhere else and unlawfully renting the HA house out to private tenants.

Having a lodger is allowed. This is where the HA Tenant is living in the property as their home, and renting out rooms in their house to people who share the facilities (bathroom, kitchen etc) with the HA Tenant.

Two entirely different scenarios.

Of course they are, sorry, i know you should use the correct terms. Subletting, ie the landlord not being there is an abuse and should result in termination of the tenancy for the tenant subletting. I was of course referring to taking in a lodger. Something i am actively considering in my new home, when we actually get there.