Dodgy Landlord?

Gwhiz

OP - as well intentioned as your actions are, it sounds like you are worrying over nothing and maybe being a little over protective.

As has been said, being a lodger is probably better for your son than being a tenant.

4Chickens

Thanks for the further replies. I now have a copy of the tenancy agreement.

It is titled: Assured Shorthold Tenancy Agreement

The Term is for 2 months and any notice to terminate this tenancy must comply with the Act - What does this mean?


The only problem I can find is under the Utilities and Other Charges. It reads:
The Landlord is responsible for the payment of the following utilities and other charges in relation to the Property: electricity, water/sewer, internet, cable, telephone, natural gas, heating oil/propane, garbage collection and garbage collection.

At the end of this I think it should read garbage collection and council tax as the landlord told my son that the council tax is included. And don't you think this section sounds a bit American? But then it wouldn't be quoting the 1988 Housing Act.

Strange, but I am feeling more reassured.

If you have a 21yo hormonal son with dyslexia and aspergers syndrome you will understand my concerns. As the saying goes " You can mess with me but don't mess with mine"

:T Thanks again peeps, you have been brilliant as always:T

Pixie5740

I'm not sure why you are feeling assured after seeing this tenancy agreement. As other forum users and myself have pointed out...your son is probably better off being a lodger rather than a tenant in this scenario.

I think this tenancy agreement and your son being a subtenant gives the impression he has more rights than he actually will have.

00ec25

4Chickens wrote: »

Thanks for the further replies. I now have a copy of the tenancy agreement.

It is titled: Assured Shorthold Tenancy Agreement

The Term is for 2 months and any notice to terminate this tenancy must comply with the Act - What does this mean?


The only problem I can find is under the Utilities and Other Charges. It reads:
The Landlord is responsible for the payment of the following utilities and other charges in relation to the Property: electricity, water/sewer, internet, cable, telephone, natural gas, heating oil/propane, garbage collection and garbage collection.

just because the bit of paper says AST does not make it an AST

you have left out a critical bit - on the document what does it say he is actually occupying?
- does it say room or does it simply refer to the whole property as the premises on which he is paying rent ?
- who is defined as the landlord and therefore to whom will rent be paid?
- is it clear from the document whether your son is jointly liable with James to pay the whole of the rent or is he clearly liable only for his own rent

the paper "AST" has almost certainly been downloaded as a template and will contain lots of clauses which are utterly irrelevant and / or inappropriate to its use. For example an AST can be for as short a term as a LL wants but housing law trumps that if the LL tries to evict your son within the first 6 months so the 2 month term is meaningless in that context but does give your son the right to walk away after 2 months when his contract finishes , equally it allows James to negotiate a new contract after 2 months in which he may put the rent up !

nothing you have posted so far says the "AST" is better for your son than if he had simply been a lodger

bouicca21

Aspergers and dyslexia notwithstanding, your son is an adult and needs to learn to be independent. You are not always going to be there to fight his battles.

princeofpounds

00ec25's questions are very valid. Anything I say below assumes that nothing changes from your answer to those and he is still a lodger.

It is titled: Assured Shorthold Tenancy Agreement

If he lives with the landlord, it is not an AST. Some clauses may still apply but the legal basis will be that of a lodger, which as we have said many times is very different.

The Term is for 2 months and any notice to terminate this tenancy must comply with the Act - What does this mean?

'The Act' is not relevant, as this is not a tenancy. The notice periods may still be valid as contractual obligations but nothing more, so James could still ask your son to leave at any moment, but if he breaches the contract he might have to pay some modest compensation (probably only to the value of the rent in the remaining notice period).

Your son will likely be similarly bound in terms of his own notice periods.

The only problem I can find is under the Utilities and Other Charges. It reads:
The Landlord is responsible for the payment of the following utilities and other charges in relation to the Property: electricity, water/sewer, internet, cable, telephone, natural gas, heating oil/propane, garbage collection and garbage collection.

If council tax is included by the landlord, make sure it is written down properly. Don't worry about the use of the term garbage.

Strange, but I am feeling more reassured.

You were too worried in the first place, and this really doesn't change very much.

[Deleted User]

You seem to be missing the point suggested over and over again that your son is likely to be a lodger, not a tenant, with all that implies.

slickric1234

being a lodger is probably an easier position to be than being a tennant

especially with a friend

even if they fall out and hes asked to leave, it would be a far better position to be in than having a property thats jointly leased for the next however many months and one of you having to try and get out of it

with a joint tennancy agreemanet yes he would still have a roof over his head, but it could be in a house where he and other tennant were constantly squabbling and close to fighting

as long as the friend isnt asking for a crazy amount of money up front and its either a fixed rate bills included or will be say 400 a month plus approx 200 in bills and it generally stays around the agreed figure then it shouldnt be a problem

if there cant trust your friends who can you trust