Not an ast?

Confusedandneedhelp

Can someone help me out please?

I used spareroom.com to try find a new place, the first place I saw the LL was a live-in but her insurance wouldn't allow anyone with a criminal record ( which is very broad term and I've never seen anything like this ) but anyway I understand that in that circumstance I'd be a lodger.

The second place I saw last week was a live out landlord, different town. Has 2 current 'tenants', 1 other moved out so room available. I did ask when I saw it what this agreement was, the landlord said oh no it's not an ast, it's like a gentleman's agreement.
I didn't see the document, but he said he has a basic agreement with dates and amounts on, but definitely not an ast. I have another viewing so said I would let him know, but I'm concerned.

A: how legal is this?
B: I'm guessing he won't be protecting my deposit?
C: she said he wanted a minimum term, but what are my rights? Both during and after this?
the house seemed in good condition, so not to worried about repairs not carried out. More concerned that there are other dodge's ( tax etc going on)
E: rent includes everything except council tax, which I believe means it's not a HMO either.

Can someone help, happy to answer any questions if I've missed out crucial details.

BitterAndTwisted

Just because the landlord declines to call it an AST doesn't mean that it isn't one.

Don't guess about the deposit not being protected, ASK his what he plans to do with it.

Minimum term: if there isn't a formal written agreement there is no minimum length. Until he tries to evict you, then there will be.

Two people sharing a property won't make it an HMO.

If the landlord is dodging taxes this won't have any effect on you and isn't necessarily any of your business.

Confusedandneedhelp

Thank you for your reply. Sorry I mean it will be 3 people sharing, 2 live there already. I'd be taking the 3rd room.

I will check about deposit, but he seemed adamant it wasn't an ast, and called it 'a gentleman's agreement'. This just to me sounded like he wasn't interested in the rights and responsibilities an ast brings.

Sorry I should say, there is a document, but it was described as just a 'general note' of times and dates and agreed rent.

Agreed about the tax bit, should've said consent to let and so forth.

So are you saying this is an ast?

Thanks again

jjlandlord

The minimum term is whatever is agreed orally or in writing.
Obviously without evidence it is difficult to prove the existence of a minimum term.
In any case the landlord cannot get a possession order to take effect within the first 6 months of you moving with an AST as long as you pay the rent.

2 or more tenants on separate ASTs will mean the property is a HMO for council tax purposes with the landlord being liable for council tax.

BitterAndTwisted

Of course it will be an AST. It doesn't matter what the landlord chooses to call it. The only choice is a lodger's agreement or an AST and as the landlord would not be resident it could only be an AST. There are no other kinds of tenancy unless you sign a Deed.

Calling it "a gentlemen's agreement" probably means that the landlord wouldn't choose to honour things like appropriate notice if he wants to end your tenancy, privacy and all sorts of other things you might not see a problem with until you fall out over them.

A landlord who chooses not to play by the rules is a potentially very bad landlord.

Confusedandneedhelp

Thank you both.

I did think what you both have said, but always good to get it backed up.

Guess I need to have a think if this is a good idea or not.

Potentially legally more protection, but also potentially a dodgy landlord

silvercar

The risk is that the landlord would claim to live in the property should things go wrong and reduce your rights to that of a lodger rather than a tenant.

thesaint

Find somewhere else to live.

princeofpounds

I will check about deposit, but he seemed adamant it wasn't an ast, and called it 'a gentleman's agreement'. This just to me sounded like he wasn't interested in the rights and responsibilities an ast brings.

This is basically the crux of the matter. As with all the others, I agree he is talking nonsense.

In theory you could be in a position of relative power if the deposit is not protected, but it's not worth the hassle to deal with someone who won't live up to his obigations.

Dave_the_Ginger_Cat

I might also drop a note to spareroom that he appears unwilling to enter into a legal contract. As all of these firms, they trade on reputation and feedback, and they don't want rubbish landlords to be associated with them