Rights as a lodger?

V6Matt

Hi All,

I have recently moved into a shared house with the landlord and well we are having a few issues.

First of all the availability of the house, 2 tenants have separate lockable rooms and the landlord has their own room with private ensuite (and now private living room).

The issues:-

• Landlord stated after moving in that the living room is her own private space (not mentioned before)
• Landlord raised concern that my girlfriend comes to spend the night with me on the weekend.
• Less of an issue but gives an idea of the pickyness, using the light switches is apparently like hearing 'lightning' and constant nick picking like the other tenant putting the vacuum cleaner hose back in the box the wrong way to the way she likes it.
• Enter's my locked room without prior notice and even once had a builder hovering over the bathroom skylight with direct line of sight in - would again expect some prior notice as a courtesy.

The main bug bear is the point about my girlfriend, the room was advertised as single occupancy but I thought it was common knowledge that overnight stays from a partner were acceptable and certainly not considered dual occupancy, as this is typically a Saturday night. Landlord has now stated £20 a night for any night that my girlfriend stays the night (again never mentioned or agreed too)



The contract does not state anything over and above deposit will be given back when keys handed back, 6 month contract and must pay on time. It does make use of the word 'license agreement'.


Help?

bryanb

If you are really a lodger, you have few rights, perhaps even none.

V6Matt

bryanb wrote: »

If you are really a lodger, you have few rights, perhaps even none.

How to define if I am a lodger?

The rooms are private and lockable, the lounge isnt shared, the landlord does not share the bathroom and a 6 month contract.

Is that still considered a lodger?

bryanb

Usually if the landlord lives in, but not sure if other factors apply. Is it perhaps a HMO (House in multiple occupancy)?
What does the contract describe you as?
Sorry I'm not an expert, just passing on what I've read previously.

[Deleted User]

Hi,

maybe this will help explain.

V6Matt

bryanb wrote: »

Usually if the landlord lives in, but not sure if other factors apply. Is it perhaps a HMO (House in multiple occupancy)?
What does the contract describe you as?
Sorry I'm not an expert, just passing on what I've read previously.

Thanks bryanb, it doesnt actually state, just uses words like 'party'.

I don't think this is a HMO as only 2 tenants and the landlord, and I believe a HMO is 3+ tenants plus landlord.

BigAunty

V6Matt wrote: »

How to define if I am a lodger?

The rooms are private and lockable, the lounge isnt shared, the landlord does not share the bathroom and a 6 month contract.

Is that still considered a lodger?

Lodgers are also known as excluded occupiers.

It's about the sharing of amenities with a live-in landlord. I assume you share the kitchen and a common entrance?

http://england.shelter.org.uk/get_advice/sharing_and_subletting/excluded_occupiers

Shelter have a tenancy checker wizard on their website. That link is for England but they have sites for other areas.

This is a link that explains what a licence is

http://england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/renting_agreements

V6Matt

[Deleted User] wrote:

Hi,

maybe this will help explain.

Thanks frugal, it is still unclear or perhaps I am reading more into it.

It states, that "you or a member of your family share a kitchen, bathroom or living room with them", well we do share a kitchen but not a bathroom or living room. Unsure if one of the three constitutes sharing.

I think the locked room element perhaps provides the greatest clarity, as that from what I read suggest private area, whilst a lodger should have no exclusive access. I suspect I will need to speak to CAB but if there are any experts out there who know the specifics, would be much appreciated.

I pay over £700 (London) for this room and thus not particularly pleased about the situation, would even happy take a months notice and find somewhere where I can live like anyone would expect to in a shared house.

BigAunty

Personally, I think you made a mistake assuming that your landlord would welcome your guest. The policy around guests is something to ask about before you accept the offer of accommodation. I don't agree with your landlord's approach in billing on a per night basis though but I can't attest to whether it is permitted or not.

I find the following statement lazy and irksome.

"Landlord raised concern that my girlfriend comes to spend the night with me on the weekend....The main bug bear is the point about my girlfriend, the room was advertised as single occupancy but I thought it was common knowledge that overnight stays from a partner were acceptable and certainly not considered dual occupancy, as this is typically a Saturday night."

Why are you even using the term 'dual occupancy' as a defence of your failure to ask about the guest policy in advance or dispute the fee for an overnight stay. Irrelevant.

G_M

You're a lodger. It is the landlord's home, you must abide by the landlord's rules.

When advising people who are considering taking in lodgers I always recommend they make clear in advance what the rules/boundaries are, especially regarding guests and access to which areas of the property, sharing of costs (consumables) etc to avoid just this sort of misunderstanding/conflict.

But at the end of the day, if you don't like the set up - move.

LODGERS (Licencees/Excluded Occupiers)
A lodger (broadly) lives in the same property with their resident landlord, and shares facilities. Unlike tenants, lodgers have few rights.

The Housing Act 1988 provides definitions of 'Resident Landlord' and 'same property' (S31 & Schedule 1 (10).

There is advice for landlords considering taking in lodgers here:

LodgerLandlord (General information site)

Landlordzone (General advice on taking in lodgers)

Renting out rooms in your home (Government info)

Rent a Room Scheme (Government scheme for tax-free income from lodgers)

21 tips (Tessa Shepperson's Lodger Landlord website)

V6Matt

BigAunty wrote: »

Lodgers are also known as excluded occupiers.

It's about the sharing of amenities with a live-in landlord. I assume you share the kitchen and a common entrance?

http://england.shelter.org.uk/get_advice/sharing_and_subletting/excluded_occupiers

Shelter have a tenancy checker wizard on their website. That link is for England but they have sites for other areas.

This is a link that explains what a licence is

http://england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/renting_agreements

Thanks BigAunty, that is more of the definition I need, we share a common entrance and the kitchen but then there is the issue of exclusive access which I have to my locked bedroom and I believe that then means I have more rights (the checker didn't quite go to that level of detail).

Ultimately it seems I can be served a reasonable amount of notice or by joint agreement, either of which is fine with me if we can't agree about the overnight stay!

With that in mind, what is the position if my girlfriend continues to come over:-

1) Can they enforce a charge?
2) Can they refuse entry?

If none of the above, presumably just agreement over early contract end? As surely they can't just make up rules whenever they fancy, the biggest issue is just the contract end (which to be honest, given the unreasonable nature of the landlord...suits me!)