Lodger's Agreement but my Landlord doesn't live in?

sehrim

Hi Everyone,

Here are the facts:
- Landlord issued my husband and I a Lodger's Agreement back in September 2017, for 6 months.
- We paid a deposit
- Landlord said he would issue us another longer agreement if we are good
- The Lodgers Agreement ended in March.
- It is not mid August, the Landlord has not issued us another agreement.

- The house has 3 floors, and contains 4 separate flats. The top two floors are both shared flats, we live on the ground floor in our own flat (own bedroom, living room, kitchen, bathroom) and there is another flat on the ground floor also.
- I'm sure the house is registered as 1 whole property, it is not recognised as consisting 4 flats.
- The most important point: The Landlord does not live in the house and has not lived here since issuing us the lodger's agreement. I know where he lives, it's not in this house.

I just want to know if this is all legal. I know that a lodger's agreement means that the landlord lives under the same roof as the lodger.

If it is not legal, is there anything I should do?

Comms69

Depends on what you mean as !!!8216;legal!!!8217; and what you want to achieve?

The LL has a number of issues to rectify but those don!!!8217;t nevessarily impact you

G_M

Landlord does not have to just 'live under the same roof (ie in one of the other flats) but actually share facilitie/accommodation.

If your flat is self-contained, own front door with only you having access, and no shared bathroom/kitchen etc, then

You are a tenant and have an AST- whatever the contract might say.

You now therefore have a Statutory Periodic AST (monthly if you pay rent monthly).

The landlord should comply with all tenancy laws eg giving you
* government leaflet "how to rent"
* EPC (min E rating)
* Gas Safety Certificate if there's gas
* Smoke detectors on each floor
* CO alarm if there's solid fuel heating.
* protected deposit in gov scheme

It also sounds like this might be an HMO - check your council website for requirements.

Now - what to do? Depends what you want. If just to continue living there, and you have no ongoing issues (repairs, harassment etc) then do nothing.

If the landlord is trying to evict you, then we can advise.

So, what is your actual problem, or aim?

saajan_12

sehrim wrote: »

Hi Everyone,

Here are the facts:
- Landlord issued my husband and I a Lodger's Agreement back in September 2017, for 6 months. - okay, did it say what would happen after the minimum 6 months? Also what does it say you're renting: a room? the flat?
- We paid a deposit - okay, was it protected?
- Landlord said he would issue us another longer agreement if we are good - irrelevant if it never materialised
- The Lodgers Agreement ended in March.
- It is not mid August, the Landlord has not issued us another agreement.

- The house has 3 floors, and contains 4 separate flats. The top two floors are both shared flats, we live on the ground floor in our own flat (own bedroom, living room, kitchen, bathroom) and there is another flat on the ground floor also.- what does the agreement say you're renting: a room? the flat? Does it mention what areas you have 'exclusive occupation' of?
- I'm sure the house is registered as 1 whole property, it is not recognised as consisting 4 flats.- recognised / registered where?
- The most important point: The Landlord does not live in the house and has not lived here since issuing us the lodger's agreement. I know where he lives, it's not in this house. - if you have a self contained area that you live in which the LL does not have free access to, then you're a tenant. (you might still be a tenant even if some of those conditions aren't met, but they happen to apply in your case: you're clearly a tenant.)

I just want to know if this is all legal. I know that a lodger's agreement means that the landlord lives under the same roof as the lodger. - Yes its legal to let a self contained flat to you. Yes most of the terms of your written agreement still hold (ie you have to pay rent). Any terms that directly conflict with your rights as a tenant will be invalid and should be ignored. The 'lodger's agreement' title to the piece of paper should also be ignored.. it might suggest the LL is sloppy or trying it on, but the title doesn't invalidate the rest of the agreement.

If it is not legal, is there anything I should do?

You rent a self contained flat, so you are a tenant. The terms of the agreement that don't directly conflict wiht your rights as a tenant are still valid. If it specifies what happens after the initial 6 months, then you are now on a Contractual Periodic Tenancy. If it is silent on this then you are on a Statutory Periodic Tenancy. You don't need to *do* anything for now, unless the LL is trying to enforce terms that breach your rights as a tenant (eg evict with insufficient notice & court order etc)

D_M_E

Don't think you are a lodger, you sound more like a tenant and G_M provides some useful info.

Single building with lots of occupants, each family group with its own self contained flat within that building, each flat with its own facilities which are not shared with any other.

Who pays the council tax?

Who pays for water, gas, electricity - separate bills for each flat or one big combined bill for the whole building?

If one big bill, how is it divided up or is it a set amount in the tenancy agreement?