not live in landlord

Cr0ssf0x

My landlord is claiming that I am a lodger. He does not live in property but is claimimg that he does. He has some mail delivered and visits property almost daily but has never spent 1 night sleeping here for as long as I have rented here ( 18 months )
I need to find out how to prove that he doesn't actually live here, his main residence, I believe, is a flat elsewhere. I have reason to believe that he claims to be live in as a way of reducing costs and legal rights of tenants.
Any help is greatly appreciated. Obviously the other tenants here will not wish to get involved for fear of losing their accommodation.

aneary

Is there a spare room or are all bedrooms occupied.

Cr0ssf0x

there is a spare room, a box room, but this has been rented out on 2 separate occasions and is also used for guests to stay in.

G_M

Clearly you are not lodgers, but tenants.

You could discuss this with him, and get a proper tenancy agreement set up recognising this, but it sounds like he would be unlikely to cooperate with this!

You could involve the council if you believe the property is a licencable HMO (rules vary so check your council website, but basically it's the number of individual 'households' in a property). If the council decides it's an HMO which should be licenced, they'll chase the LL.

Who may then try to evict. At which point:

the alternative method to establish legally this is a tenancy is via the courts, eg when an eviction or other tenants-rights issue arises.

You'd have to show the court evidence supporting your claim. The LL would make his claim. The court would decide who they believe.

Note that even if accepted as a tenancy, the LL still has right of access to the common areas as this IS an HMO (licencable or not), with shared areas the LL can accesss (so changing the front door lock is not an option).

* If you can establish where he sleeps/lives, that will help
* if you can provide lists of occupants' names with dates (if they come/go) showing all the rooms/beds are let out or occupied, that will help
* a list of dates/times when he comes & goes, showing how long he stays (eg 10 minutes from 10.00 - 10.10 on Monday xx/xx/17 etc) that will indicate something to the court
* internal photos showing he has no or limited belongings there.
etc

If you suspect he's failing to declare rental ncome to HMRC, you can report here:

https://www.gov.uk/report-an-unregistered-trader-or-business

Cr0ssf0x

I have spoken to LL who defiantly claims that he lives in property. It has been pointed out to him that this is a blatant lie but he chooses to persist. He has subsequently moved a few bits of clothing into the spare room lol.
I will need to prove that he doesn't live here. Sadly.
Any advice greatly appreciated.

dimbo61

What do you hope to achieve ?

PField

Did you rent a room in the house or the whole house. If you feel uncomfortable with the arrangement then it may be best to rent a whole flat on your own than a room.
Or you can tell the LL that you would like to rent the whole property.Sure it is going to be more expensive, and you will be responsible for the bills and council tax too.

G_M

PField wrote: »

Did you rent a room in the house or the whole house. If you feel uncomfortable with the arrangement then it may be best to rent a whole flat on your own than a room.
Or you can tell the LL that you would like to rent the whole property.Sure it is going to be more expensive.

Clearly he rented a room.

the other tenants here will not wish to get involved

I imagine the economics of renting a whole property don't stack up, but that's no reason a tenant should not be able to rely on tenant's rights.

But as dimbo61 asks "what do you hope to achieve".

If stopping the LL coming round, I doubt you can (HMO by the sound of it).

If deposit protection, you could force the issue by putting in a claim for the penalty for non-protection. The court would then have to address the question of Tenant Vs Excluded Occupier (Lodger).

If protection from eviction, wait till eviction is attempted and then claim security as a tenant/illegal eviction.

If something else..... what?

crossfox

The LL has given me 28 days notice to quit, verbally, due to my 6 months agreement being up last month and the fact that I have a cough that keeps others awake at night. The cough lasts as long as any other cough but I do accept that it can be disturbing. I have rented my room for over 18 months but a new tennant is causing a fuss.
I want to get what I am legally entitled to, as far as notice goes, I may well find another property sooner but I would like the proper amount of time to find one.

As a tennant, I would be entitled to st least 2 months notice from when my current Periodic tenancy expires but as a lodger I have little or no rights hence the need to prove that I am a tennant and not a lodger.

G_M

Ah. Would perhaps have saved time if you'd explained the circumstances from the start!

So you are subject to an illegal eviction, contrary to both

* the Housing Act 1988
and
* the Protection from Eviction Act 1977

Since you wish to fight this I would

* gather evidence of the LL's non-occupation as previously advised

* ask the other tenants to make written statements if they will, stating that to the best of their knowledge the LL has never slept there

* write to the LL, quoting the 2 Acts, pointing out that the 1977 Act makes it a criminal offence (punishable by a fine of £400 &/or 6 months in prison - unless this has changed), and stating that without proper notice via a S21 you will not be leaving

* contact Shelter and/or CAB and/or a ocal law advice centre

* contact the local council's Private Tenancy Officer

* contact the local police and make a formal complaint under the 1977 Act S1 (2) of an attempt tp "unlawfully deprives the residential occupier of any premises of his occupation". Note that police often treat this as a civil, not criminal, matter and hence try not to get involvd. Be persistant. Ask to see a more senior officer. Insist on a 'crime number', and state that you fear a future Breach of the Peace when the LL attempts to enforce his threatened illegal eviction.

Please confirm you are in Eng/Wales not Scotland or N Ireland as the law is different.

Note that since you are claiming to be a tenant, you too will have to comply with your tenancy obligations regarding notice if/when you find somewhere to move to!

sevenhills

Cr0ssf0x wrote: »

I need to find out how to prove that he doesn't actually live here, his main residence, I believe, is a flat elsewhere. I have reason to believe that he claims to be live in as a way of reducing costs and legal rights of tenants.

Finding his alternative address would help, photos even better.