Problems with being a 'lodger'?

star2sparkle

I'm not sure whether anyone can assist me with my situation.
When I moved to where I live, the main reason why I did was because my prospective landlord and landlady seemed really nice, supportive and understanding (which I needed, as I was leaving my husband) and I was very enthusiastic to leave.They accepted me having a dog, allowed me to move in straight away and weren't doing it all through a reputable estate agents, making it easier (at the time). It looked as if they wanted to be friends even... However, it turns out that my landlord has been pulling a fast one with the council and I'm caught in the crossfire.
If you can imagine, I live in his house but I have a separate flat, with my own front door, my own living room, bedroom, etc. I also have a neighbour who has an identical flat (incidentally his rent is somehow £100 less than mine) but my landlord is insisting that I am a lodger (though obviously the law states I'm not). The flat, was incidentally, advertised online as a flat, not them requiring a lodger. The reason why he is insisting this is due to avoiding paying tax and council tax on these flats that he owns as part of his house. I haven't even got a proper address. He wants all my mail delivered to his house (and I get it whenever they decide to deliver it to me) and I have a separate electric meter but he has the bill and I have no idea what it is. He has been doing this for five years at least and because I put in a claim for HB, the council have got involved and now an evaluation officer has just been round and is hopefully going to write a report to state my flat is separate to the house. So far, all I have been receiving from the council has been lodger rates which means making up a huge shortfall. Now my landlord is losing the plot and everything has become very uncomfortable because they are being investigated and basically are fraudulent (imagine the unearned income he has had for five years from the other flat?) I am in contact with the council and they are sympathetic and are waiting on the evaluation officer's report. I'm not sure if I'd be eligible for a discretionary payment or local welfare provision. I think I'm going to have to move which will be an upheaval. The flat is very damp, I don't have a proper kitchen, I have a sink and a hob in a cupboard! Also, I can hear them above me, they are like elephants, without much consideration. I feel like I was very much taken in through my own vulnerability at the time.
Help!:(

BitterAndTwisted

My, you have managed to stir up a hornets nest!

Sounds like you need to make plans to leave. Once they have been investigated, they are going to receive a whopping-great Council Tax bill and they are probably going to make you pay for that one way or the other.

Mind you, with no adequate cooking facilities and damp, it sounds like you should be glad to go.

Apart from a separate entrance and not having a proper kitchen, do you have your own bathroom?

moneyistooshorttomention

I wonder whether he is trying to pull some sort of scam to do with the Rent A Room Scheme (ie whereby people are allowed to make a certain amount of money tax-free per year from taking in "lodgers"). This scheme only applies to "lodgers" and not to "tenants".

This could be why he is up to this and, at a guess, HMRC might be rather interested in him...

Foxy-Stoat_3

Taken from another site:

The lodger must not have exclusive possession of a self-contained part of your property – cooking facilities and bathroom etc., need to be shared with you! You lodger agreement should give you the power to enter and clean the lodger’s room, so that exclusive possession of any part of the property is avoided.

Looks like you are a tenant and NOT a lodger, in the eyes of the law....giving you more rights.

Are you looking for another place to live?

star2sparkle

BitterandTwisted...are you suggesting that I am somehow to blame for 'stirring up the hornet's nest?' We aren't talking about someone struck by the poverty trap here with regards to my landlord. He is a pretty wealthy man! And as for me footing the council tax bill...why? Ive only been in the flat since the end of August, so I don't think so...and the council have confirmed that. My liability will only be from then till when I leave. That bill will rest in his hands (or the tenant before). I've been honest, he hasn't been. I do have a bathroom. Moneyistooshorttomention, I don't think he has declared my existence at all, to anyone. I pay cash every month, nothing even goes through an account. I think that says it all really. I think HMRC would be interested in him too. I worked it out that he has managed to accrue approx £25,000 tax free from next door's flat! What would the tax man say about that I wonder??

Foxy-Stoat_3

Lodgers do not normally pay council tax....only a weekly/monthly payment including all bills less maybe telephone.

Have you signed any agreements?

star2sparkle

Mind you, BitterandTwisted...perhaps you mean they will make me pay in the other sense...help! Perhaps vanishing into thin air might be a good plan...

star2sparkle

They made me sign a lodger's agreement but the council know what they are up, they are aware they are swindling...I don't actually share a thing with them.

RAS

Hi

Assuming you are in England or Wales? Scottish low is different.

Whether you have a lodger's agreement or a tenancy agreement, it sounds like legally you are a tenant.

Speak to Shelter urgently to clarified the situation and it may be wise to contact your local Private Tenancy Officer.

As a lodger, the LL can give you reasonable notice to quit unless another period is specified in agreement you signed.

As a tenant, he cannot get you out within the first 6 months and has to provide 2 months notice.

pmlindyloo

Once the council have finished their investigation you will know whether you are a lodger or a tenant (my personal bet is on being a tenant)

Then you will know what rights you have.

Don't worry until then. Awkward yes, but on claiming HB this was bound to arise and couldn't be helped. What a silly man.

I do agree with everyone else though - time to find somewhere else to live.

star2sparkle

Pmlindyloo...why a lodger? own locked front door, and I share no facilities at all. Complete separate unit.