Landlord trying to stop me any overnight guests under any circumstances

konark

Technically you are a lodger, but a rather formal one given that you've signed a six-month contract through a letting agency. If I wanted a lodger (and I don't) I'd be pretty keen to vet applicants personally, not have some letting-agency send me any fool they deem suitable.

Thing is, if all 3 rooms had been rented out to tenants it would become a HMO or house of multiple occupation which are very strictly regulated by the council e.g you have to pay for a licence, .At some point the landlord has realised this and decided to live there himself.

Does he really live there all the time? Is he really the landlord? Why would anyone with a nice house want to share it with 2 strangers?

marksoton

konark wrote: »

Does he really live there all the time? Is he really the landlord? Why would anyone with a nice house want to share it with 2 strangers?

Because they can't afford said house on their own.

OP, time to start looking elsewhere. This isn't a battle you're going to win. And nor is it worth trying to do so.

anselld

konark wrote: »

Technically you are a lodger, but a rather formal one given that you've signed a six-month contract through a letting agency. If I wanted a lodger (and I don't) I'd be pretty keen to vet applicants personally, not have some letting-agency send me any fool they deem suitable.

Thing is, if all 3 rooms had been rented out to tenants it would become a HMO or house of multiple occupation which are very strictly regulated by the council e.g you have to pay for a licence, .At some point the landlord has realised this and decided to live there himself.

Does he really live there all the time? Is he really the landlord? Why would anyone with a nice house want to share it with 2 strangers?

Landlord plus two lodgers is not an HMO. It only becomes HMO with 3+ lodgers. Not all HMOs require a license.

In any case the HMO status (or not) does not affect the contractual status of the Lodger; they are sill a Lodger with few rights.

moneyistooshorttomention

joelpellington wrote: »

The contract is originally six months, so I have 4 months left to go. What if he said I needed to wait this out and couldn't drop out, could I just keep bringing her round until he evicts me then?

It is correct that the landlord can lay down this rule basically - in view of the fact that you are a lodger in his home.

BUT - the landlord can't have it both ways.

a. Either you are a lodger in his home and he can prevent you having overnight visitors

OR

b. it is the standard "all tenants together and the landlord lives elsewhere" agreement.

The landlord needs to make up his mind which of these two situations it is. He cannot both expect you to treat it as a lodger arrangement AND expect you to stick to the type of agreement appropriate to option b.

It is either option a. or option b. and not some sort of mish-mash hybrid arrangement of both - and he gets to cherrypick that he won't have overnight visitors but he will expect you to stick to original contract.

In your position - I'd point this out to him and ask him which of those two options it is. Followed by pointing out to him that - if it's option a. - then the contract doesn't apply (ie because you are a lodger) and you are free to move out whenever you like without penalty. Personally - I'd probably cover myself for proof that I had acted correctly - by presenting him with these two options in the form of a letter (copy kept) and asking him which option he was going to go for and telling him the original contract didn't apply (ie because you had not signed up to be a lodger). I'd send that letter by post (proof of posting kept) and also hand him a copy physically. If he makes out he doesnt understand the letter - then the onus is on him to find someone that can translate it for him.

I've had lodgers before now - and some of them did let me down - but I couldn't enforce the agreement we had made (ie that they would stay a certain length of time) and had to just "grit teeth" and accept it if they broke that agreement and moved out early.

He's trying to have his cake and eat it at present. Blow any language barrier he is trying to make out exists - the onus is on him to understand you one way or another.

If he tried to continue "having his cake and eating it" - then you have 2 options:

a. Stick to the arrangement you made in the first place whatever he thinks - ie have the girlfriend to stay whenever you decide

OR

b. Move out immediately and ignore any contract you have with him. If he tries chasing you - then you could explain to anyone objective what the original agreement had been and that he was the one that broke it in the first place (ie by moving in unexpectedly) and produce your copy of the letter you had given/sent him. Therefore - as you'd unexpectedly been turned into a lodger - he was the one that made the contract invalid (not you).

BrassicWoman

If I were your GF I would be deeply uncomfortable staying somewhere I was not welcome

Talk to l/l about ending the agreement early, and be clearer with your next l/l about your need for guests.

moneyistooshorttomention

BrassicWoman wrote: »

If I were your GF I would be deeply uncomfortable staying somewhere I was not welcome

Talk to l/l about ending the agreement early, and be clearer with your next l/l about your need for guests.

I would feel very uncomfortable too if I were the girlfriend.

OP didn't need to be "clear about need for guests" - as this arrangement was made through a letting agency and was put to him as being a standard arrangement of "all tenants together and no resident landlord". That meant it was perfectly clear - ie he could have overnight guests. People don't take on lodgers through a letting agency - I certainly never did (ie I had them all round and interviewed them myself - and it was very clear it was my home).

csgohan4

Do you pay Cash to the LL for the rent?

joelpellington

It's very uncomfortable when she's here, but it's either that or limit our time together, we've just bitten the bullet until now and stayed quiet.
I feel like he wants two people here as we are probably paying a mortgage off that he can't afford himself.
He DEFINITELY lives here, also his sister is living here at the moment in a small box room 'on a holiday for six months'. Does that change the HMO status if it brings the number of people here including him up to 4?

joelpellington

csgohan4 wrote: »

Do you pay Cash to the LL for the rent?

No I pay him monthly via bank account

Slinky

joelpellington wrote: »

He DEFINITELY lives here, also his sister is living here at the moment in a small box room 'on a holiday for six months'. Does that change the HMO status if it brings the number of people here including him up to 4?

Doubt it. The HMO bit refers to unrelated tenants. Clearly his sister is related to him.