PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Live-In Landlord unhappy with guest staying

Options
12467

Comments

  • Guest101
    Guest101 Posts: 15,764 Forumite
    £20 for one month, for one person. Meh must've had 8 showers a day! What a load of rubbish.

    Offer him a reasonable amount in your eyes

    Or tell him to take you to court.
  • phill99
    phill99 Posts: 9,093 Forumite
    Part of the Furniture 1,000 Posts
    Guest101 wrote: »
    I don't need a lesson, left school long ago

    Evidently, if you had attended some lessons, you would know otherwise.
    Eat vegetables and fear no creditors, rather than eat duck and hide.
  • 00ec25
    00ec25 Posts: 9,123 Forumite
    1,000 Posts Combo Breaker
    edited 2 January 2014 at 6:44PM
    thesaint wrote: »
    The OP can have whatever contract he likes.
    The landlord/brother could turf him out tomorrow.

    Of course he could threaten allsorts, but I bet you five whole pounds he would get nowhere.
    He could take your advice. In fact I wish he would, it would make an interesting thread.

    wrong - please pay £5 to a charity of your choice
    on the basis of the (new more detailed) info provided by the OP it would appear he has been given an AST over a single room in the property with right of access to common parts (ie share of the facilities).

    it is perfectly legal to do this and is a valid AST. He is therefore a tenant not a lodger. This is standard stuff and is how the TA for some HMO properties can be configured so that each tenant does not have joint and several liability for any missed rent by the other occupants
  • RAS
    RAS Posts: 35,707 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    OP

    Did you give consent for the secod brother to couch-surf?

    And what contribution is he making to the household expenses?

    He needs to pay for each day he is there as much as is demanded daily for your GF's stop-over.
    If you've have not made a mistake, you've made nothing
  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    00ec25 wrote: »
    wrong - please pay £5 to a charity of your choice

    When the OP is thrown out, and gets somewhere in court/authorities, I shall cough up my fiver.
    00ec25 wrote: »
    on the basis of the (new more detailed) info provided by the OP it would appear he has been given an AST over a single room in the property with right of access to common parts (ie share of the facilities).

    it is perfectly legal to do this and is a valid AST. He is therefore a tenant not a lodger. This is standard stuff and is how the TA for some HMO properties can be configured so that each tenant does not have joint and several liability for any missed rent by the other occupants

    The landlord in this case is a person whom appears not to have granted any agreement to this lodger.

    If I was advising the brother, I would tell him to throw the lodger out, and maintain that he is the landlord who was renting a room out without his brothers permission.

    The brother who lives abroad would know nothing of the situation.
    Well life is harsh, hug me don't reject me.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    phill99 wrote: »
    Evidently, if you had attended some lessons, you would know otherwise.

    It's called shorthand my friend
  • Guest101
    Guest101 Posts: 15,764 Forumite
    thesaint wrote: »
    When the OP is thrown out, and gets somewhere in court/authorities, I shall cough up my fiver.



    The landlord in this case is a person whom appears not to have granted any agreement to this lodger.

    If I was advising the brother, I would tell him to throw the lodger out, and maintain that he is the landlord who was renting a room out without his brothers permission.

    The brother who lives abroad would know nothing of the situation.

    Advising illegal eviction now? Crikey, last landlord I read did this got fine big time
  • Kynthia
    Kynthia Posts: 5,692 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Okay, so you are now saying that your landlord doesn't live with you? Are you very sure that you aren't the lodger of the brother living in the property? This is a very important point and changes everything. If the absent brother is definitely your landlord on your contract then you are a tenant with those rights. If your contract is for just your room then this room is where you have 'exclusive occupation' and you can't be told how to live in this room, however the rest of the property is communal. What does your contract say about how bills are handled or are you expected to work it out with the other 'tenants'? You can be given notice to leave for any or no reason as long as it expires after your fixed term, although I don't think the resident brother can do it as it should come from the landlord.
    Don't listen to me, I'm no expert!
  • dad76
    dad76 Posts: 8 Forumite
    Guest101 wrote: »
    Sorry to disagree, but the op is a tenant and can enforce certain rights quite easily.

    Good spot about the deposit, op was this protected?

    Badly phrased on my part. I meant the landlord may decide to serve him notice if he causes a perfectly legal fuss. Although given deposit unlikely to be protected good luck with that.

    OP if you are an AST you should have been given some prescribed info re your deposit such as where it is held, how to get it back etc.
  • 00ec25
    00ec25 Posts: 9,123 Forumite
    1,000 Posts Combo Breaker
    edited 2 January 2014 at 10:11PM
    thesaint wrote: »
    The landlord in this case is a person whom appears not to have granted any agreement to this lodger.
    NO
    based on the fact none of us have seen the exact wording then the OP has stated that the brother (brother A) living abroad is named on the TA as the LL - that makes him the LL

    the brother residing in the property (brother B) and collecting the rent is acting as agent for brother A and therefore meets HMRC's requirements for payment of rent where the LL lives abroad (without that the OP would instead be personally liable to pay the income tax due on the rent on behalf of his LL - brother A)

    the couch surfer (brother C) is , we can only assume at this point, a guest of brother B and has no legal rights in the property at all since he is not (we assume) paying rent to brother A. If C is paying B then he is doing so in the capacity of a lodger of B

    liability for utilities etc is therefore down to either what is written in the contract and as this is nothiong then the LL remains laible for them as they are in his name and his attempts at increasing rent to cover for his extra costs are unenforceable as the rent amount is the rent amount and cannot be increased whilst the fixed term is running
    thesaint wrote: »
    The brother who lives abroad would know nothing of the situation.
    brother A living abroad would soon get to hear about it when the OP is presented with a tax bill (+ penalties) by HMRC for failure to deduct tax from rent payable to an unregistered overseas LL
    I am sure the OP would be on here for advice toute suite and that is what we would tell him to do as that is the correct position, unlike your ill informed rambling
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.2K Banking & Borrowing
  • 253.2K Reduce Debt & Boost Income
  • 453.7K Spending & Discounts
  • 244.2K Work, Benefits & Business
  • 599.2K Mortgages, Homes & Bills
  • 177K Life & Family
  • 257.6K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.