Leaving flat, rights confusion

Voyager89

Hi all

I sublet a room in London and I have informed the people I rent it from I will be leaving. I have given them the required notice and it all seems quite amicable.

The arrangement I'm not sure about though, the people I rent the room off do not own the flat, they got the flat through a housing association and they pay subsidised rent for the accomodation.

I've asked them whether it is legal for them to do that and they've said it's fine and the landlord knows. I have no reason to question this, nor does it really affect me if they didn't. So the chain is as follows: -excuse the arrows facing the wrong way, not sure how to get them!

Housing association/landlord (not sure how to call it)
^
People who live within the property renting off the landlord
^
Me, who pays the people within the property monthly

The whole deal is a fixed fee that is all inclusive.

So my first question is, what does that make me? Am I a tenant? Lodger?

I was sent a "tenancy aggrement" from the people I live with at the start of me living here, but nothing was signed just emailed and an email back saying thats fine.

The reason why I ask is because there is about a month before I will leave and they've asked me to make sure my room is ready within a few days for people to view it whilst I'm at work. I'm not going to get the room presentable until about a week before I leave. It does look lived in.
I'm not comfortable with them coming into the room, not only is it a security risk for me, but it still is my room for the time being that I'm paying for. I also work shifts and therefore the timings are awkward. There's no lock on the door if anyone asks.

Basically, do I have the right to tell them not to?
They clearly want to do this to prevent them from losing as much income as possible for themselves.

Also I gave them a deposit for the room of 1 months rent, I just get this horrible feeling they're going to take the !!!!. It's not protected by any means, just sitting in their account. Ideally I'ld like it back sooner rather than later, especially because I'm moving abroad and don't want to chase things up from overseas.

The room is in the same condition as it was rented to me, the only thing that has been damaged is a cheap chair on the balcony. It's a little bit like a deck chair using material instead of a hard surface to sit on.
Anyway, I broke one because I sat on it one day. At no time was I mis using it in any way, I just sat on it and I fell right through it (not that heavy). I feel they shouldn't charge me for it on the basis that it wasn't fit for purpose and it's just general wear and tear.
Is that correct?

I'm assuming that what money I give them in tax free for £4250 and under, and taxable for anything over that. I have no idea whether they have been declaring that income to HMRC. What I give them is more than double that per year. I suspect that they haven't simply becuase for them it's free income and I doubt they think anyone will find out. If they start getting sticky about the deposit do you think I should threaten them with reporting them, if they have nothing to hide they have nothing to fear? It could all be above board, but I get the feeling have been keeping it off the books.

Thanks

TBagpuss

As your landlords live in the same house and it sounds as though you only have a room, and share kitchen, bathroom etc, it sounds as though you are a lodger.

As you say things are fairly amicable, you could try to agree with them now that they will keep the deposit in lieu of you last month's rent, and that you will get the room tidied asap but ask that they not let anyone in there unaccompanied, for security. A bit of give and take on both sides

AdrianC

Tenancy deposit protection schemes aren't required where somebody is lodging with a resident landlord, as you are.

Whether they are authorised to sublet or paying tax does not make any difference as far as you're concerned here.

Remember, before you refuse access to the room for viewings, they have no legal requirement to give you anything other than "reasonable notice" to vacate the room, depending on what any signed tenancy agreement states.

The chair is your responsibility, but it doesn't sound like there'd be much to deduct - a cheap flimsy chair, less whatever period's wear-and-tear, is not going to be anything to lose sleep over, but if there are any arguments about the deposit, you will have to go through small claims.

BigAunty

Social housing landlords generally give permission to their social housing landlords to take in lodgers (also known as 'excluded occupiers'.)

You are likely to be a lodger/excluded occupier.

The Shelter website (housing advice charity) has a tenancy checker wizard on their website that will help you understand your rights and responsibilities.

There is an online tax fraud reporting line but the last article I read about it (or perhaps it was for benefit fraud or both) suggests that the organisations do not have the resources to follow up many of the reports, just a tiny percentage.

It's fairly easy to launch a small claims court action - see the Shelter website about it. That said, it's quite easy for the defendent to get out of paying the judgement if made against them.

Get a replacement chair for free off Freecycle if you are that worried.