We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

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!

My Landlord Isnt my landlord

Hi ,

I live in a flat in London since the 1 february 2016 (with my girlfriend).

A contract as been made between me, my girldfriend and the landlord. This contract don't have the name of the landlord on it even if I have meet him and if he (the landlord) lives with us in the same flate.

We paid the deposit with cach but we did not get any receive about this. Also he did not tell us about any Tenancy Deposit Protection. I am not telling he did not put our money in it but he didnt tell anyone about it.



I had to pay the rent in advance, I didnt know at the moment so we had a conversation with the landlord and he said that he could not let me be late about the rent cose he also had to pay the rent.
Should he pay the rent if he is the landlord ? Somethink is not normal in this story.

So I went to landredistry website and I downloaded all the informations about the flate. I didnt find anythink about my "landlord", also it seems that the "registered owner" of the flate is a company called "ATLANTIC WHARF" and the Lender is "the royal band of Scotland PLC".

So their are my questions:

-Since their is not name on my contract, can he use it against me ? Can I use it against him cose he made me sign a false contract?

- What is the landlord refuse to give me a reveip ( even after 1 month in the house ) ?

- If I record my discution with him, can I use this record as proof against him ?

-What if he try to make me leave the house without giving me the deposit back?

I have no money to pay any legal advice for the moment but I just need to know if all this is normal or not.

Thank for your help.

Kind Regards.

Comments

  • RAS
    RAS Posts: 36,183 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Can we sort something out?

    Does your the person to whom you paid the deposit and rent live in the flat with you?

    If so you are a lodger/excluded occupier and have very few rights.

    Did you get a signed receipt for the deposit.
    If you've have not made a mistake, you've made nothing
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    Your landlord is most probably a tenant themselves and you are a lodger.

    Sounds quite normal.

    If he makes you leave without returning your deposit you would write a letter before action to him asking for it back then if that fails to get the money you then take him to court. It's quite cheap to take someone to court for a money claim and you can pass all those costs on to the person that owes you money (as long as you succeed).
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • NvGu
    NvGu Posts: 3 Newbie
    RAS wrote: »
    Can we sort something out?

    Does your the person to whom you paid the deposit and rent live in the flat with you?

    If so you are a lodger/excluded occupier and have very few rights.

    Did you get a signed receipt for the deposit.

    Yes this person lives with us. Also we do not make the transfer on his account but on the account of one of his friends who lives with us too.

    No we did not gezt receipt for the deposit... That's what I will do first when I understand the situation a little bit more.

    But since the contract has no name on it but mine and my girlfriends', is it still good or not ? Can the contract be used ?
    HappyMJ wrote: »
    Your landlord is most probably a tenant themselves and you are a lodger.

    Sounds quite normal.

    If he makes you leave without returning your deposit you would write a letter before action to him asking for it back then if that fails to get the money you then take him to court. It's quite cheap to take someone to court for a money claim and you can pass all those costs on to the person that owes you money (as long as you succeed).

    Actualy I want to leave the house as soon as possible cose this situation is too weird! He tell us he is the landlord but he is not so thats enough for me to make me want to leave. If I can't trust someone I live with I wont feel secure.

    So Can i use Vocal !!!!!! against him ?

    Is the contract still valide ?

    Thanks a lot for your quick replys ! :T:T:T:T:T:T:T:T:T:T:T
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    NvGu wrote: »
    Yes this person lives with us. Also we do not make the transfer on his account but on the account of one of his friends who lives with us too.

    No we did not gezt receipt for the deposit... That's what I will do first when I understand the situation a little bit more.

    But since the contract has no name on it but mine and my girlfriends', is it still good or not ? Can the contract be used ?



    Actualy I want to leave the house as soon as possible cose this situation is too weird! He tell us he is the landlord but he is not so thats enough for me to make me want to leave. If I can't trust someone I live with I wont feel secure.

    So Can i use Vocal !!!!!! against him ?

    Is the contract still valide ?

    Thanks a lot for your quick replys ! :T:T:T:T:T:T:T:T:T:T:T
    He is still your landlord despite being a tenant himself.

    The contract is probably not valid if it's not got your name on it but there isn't much to say on a lodger agreement anyway. It's implied that if you pay rent you can stay for a particular length of time. If you don't pay rent or the landlord no longer wants you as a lodger and won't accept your rent then you leave. It's basically as simple as that. Your landlord has to make sure the place is habitable and safe but that doesn't need to be in a contract.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    What makes you think he is not your landlord? Your landlord is not necessarily the person named on the deeds of the property. Is it because you pay your rent to someone else who also lives in the property? Either way you're an excluded occupier with few rights. Your deposit does not have to be protected and you did not have to be issued with a receipt (although why would you hand over the money without getting one?)

    You have a contract. You pay rent and you get a roof over your head. Does your contract say anything about how much notice you need to give to end your contract? If it doesn't say then you just need to give reasonable notice.

    What vocal proof do you have and what is it for, what are you trying to use against him and why?
  • NvGu
    NvGu Posts: 3 Newbie
    edited 3 March 2016 at 3:44PM
    HappyMJ wrote: »
    He is still your landlord despite being a tenant himself.

    The contract is probably not valid if it's not got your name on it but there isn't much to say on a lodger agreement anyway. It's implied that if you pay rent you can stay for a particular length of time. If you don't pay rent or the landlord no longer wants you as a lodger and won't accept your rent then you leave. It's basically as simple as that. Your landlord has to make sure the place is habitable and safe but that doesn't need to be in a contract.

    Ok, I have a problem about a windows that does not close since 1 month now, and it is still not fixed, what can I do about this ? :o
    Pixie5740 wrote: »
    What makes you think he is not your landlord? Your landlord is not necessarily the person named on the deeds of the property. Is it because you pay your rent to someone else who also lives in the property? Either way you're an excluded occupier with few rights. Your deposit does not have to be protected and you did not have to be issued with a receipt (although why would you hand over the money without getting one?)

    You have a contract. You pay rent and you get a roof over your head. Does your contract say anything about how much notice you need to give to end your contract? If it doesn't say then you just need to give reasonable notice.

    What vocal proof do you have and what is it for, what are you trying to use against him and why?

    Thanks for you answer. I am actually trying to feguring out what is happening in my flate cose my "landlord" doesnt explain me a lot.

    My contract dont have the name of my landlord on it, and where I come from (cose i forget to tell but I am a UE citizen) their are always the name of every part of the contract. So I think I have the right to ask questions.

    I have seen on the internet that my rent has to be protected and thats Why I come to this forum ! :) To confirme this information! :)

    Also my landlord always asked for cash and I didnt think about a receipt at the moment (that's my fault I admite).

    The vocal proof would be used if he refuse to give me a receipt. Nothing more.

    It seems that my story and my questions to upsets you, if it does, please dont answer and I will read the enswers of the other users. Thanks :)
    I am just trying to get help and to live peacefully without anyone trys to get me out of my one room so I try to know more about the law in UK since I dont know it. Also I dont want to call her a lyer if he is not. I hope you will understand what I am thinking.
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    NvGu wrote: »
    Ok, I have a problem about a windows that does not close since 1 month now, and it is still not fixed, what can I do about this ? :o

    The only thing you can really do is leave. You can ask him to fix it and he'll get in contact with his landlord and they'll look at fixing it but there's not a huge amount you can do if they aren't willing to fix it. Even if the boiler has broken and there is no hot water or heating all you can really do is pack your stuff up and move on. You can't force them to do anything as the landlord in your case can just ask you to leave if they don't agree with you.

    Thanks for you answer. I am actually trying to feguring out what is happening in my flate cose my "landlord" doesnt explain me a lot.

    My contract dont have the name of my landlord on it, and where I come from (cose i forget to tell but I am a UE citizen) their are always the name of every part of the contract. So I think I have the right to ask questions.

    I have seen on the internet that my rent has to be protected and thats Why I come to this forum ! :) To confirme this information! :)

    Also my landlord always asked for cash and I didnt think about a receipt at the moment (that's my fault I admite).

    The vocal proof would be used if he refuse to give me a receipt. Nothing more.

    It seems that my story and my questions to upsets you, if it does, please dont answer and I will read the enswers of the other users. Thanks :)
    I am just trying to get help and to live peacefully without anyone trys to get me out of my one room so I try to know more about the law in UK since I dont know it. Also I dont want to call her a lyer if he is not. I hope you will understand what I am thinking.

    You're not a tenant so the deposit does not need to protected.

    There is very little law protecting lodgers living in the same property as the landlord. If the landlord no longer wants you there they have to give you reasonable notice to find somewhere else to live...as you live in London that could be just a few hours to pick your things up and move to a hostel for the night until you can find another room to rent.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    edited 3 March 2016 at 4:01PM
    Why do you think I am upset with your answers?

    I don't know how much clearer we can make it that your landlord lives with you and that he (or she) is in fact your landlord.

    Your rent does not have to be protected, in fact there is no requirement for landlords to protect anyone's rent. If you were a tenant with an Assured Shorthold Tenancy then your landlord would have had to protect your deposit but you are not a tenant with an AST. You live with your landlord, not "landlord" but your actual landlord therefore you are an Excluded Occupier.

    As an Excluded Occupier the law says your landlord has to keep the structure and exterior of the property in good repair. This includes:

    the roof
    guttering
    walls (but this doesn't include internal decoration)
    windows and doors

    If you have a problem with your windows then talk with your landlord about it. However, I think the best solution is for you to find somewhere else to live.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Cant add much to the advise, but as English is not your first language:


    There are multiple landlords:


    Yours is the person who lives with you


    He may have another landlord, who may have another. It's all perfectly legal.
  • RAS
    RAS Posts: 36,183 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi

    Please do not just leave without getting proper advice. If you have signed a contract saying you will live there for 6 months and you leave, your LL can still take you to court for the rent for the rest of the 6 months, for example.

    And make sure you have a good record of the payment to the other lodger as otherwise you will not be able to get your money back.
    If you've have not made a mistake, you've made nothing
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
  • 352.3K Banking & Borrowing
  • 253.7K Reduce Debt & Boost Income
  • 454.4K Spending & Discounts
  • 245.4K Work, Benefits & Business
  • 601.2K Mortgages, Homes & Bills
  • 177.6K Life & Family
  • 259.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K 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.