Rights as a Tenant/Lodger?

trioceros

I've been confused about my living situation for a bit and was hoping someone could shed some light on it.

I'm a student in the SE, and currently live in a shared house. There are 2 landlords, who share one room, and 3 rented rooms. Googling tells me I am a lodger, as we share a kitchen (although the living room and bathroom are for the tenants only, and we are referred to as tenants in my housing contract).

Now, I really want to break my contract early. It officially ends in June next year, but I've found a flat I can move into now. I have no issue with the other two tenants living here, but it's grown increasingly clear that the landlords do not like me, do not seem to like sharing their house, and it's a very uncomfortable way to live. I essentially cannot leave any mess anywhere for any period of time (eg, I will cook, put my pots on the side to cool as I eat, then clean after I have eaten, so about 30 mins of the pots being on the side - I will wipe down all surfaces and move it all out of the way, but will receive a passive-aggressive message demanding I clean up immediately. Yet, they will leave pots for days on the stove. These kinds of things) and keep finding my personal items used and often dirty, despite there being communal kitchenware.

My final straw was the fact that the landlord's mother is currently residing in the living room, which is meant to be for the tenants only. Now, we are not allowed to have guests stay in there at all, and if we use it in the evening, it is expected to be spotless before you leave it (so, if you have people over for drinks, you must clean it then, not the next morning), and we were only formally told the day before she arrived that she was coming. We had been told briefly at a flat meal she'd be coming at some time, but not when. It's been a week and a half, and I have no idea when she is leaving. I have had to cancel plans as my bedroom is not large enough to host friends for dinner, and despite taking up the whole living room and making it off limits, the landlords and mother (and other people who I am assuming are friends/relatives) are constantly in the kitchen-diner, making it difficult to access to cook or do laundry. I believe the mother is using their en suite, which means their bedroom door is often slamming (all doors in the house are fire doors and slam if not gently shut) at late hours, keeping me awake when I attend lectures, as well as work and volunteer. For this, we are all getting £50 off our rent, or a £50 refund if we have already paid. I have already paid, so asked for the £50 back, as I am now more frequently eating out as I am frequently lacking access to the kitchen. I am yet to get this money back.

I am unsure what my rights are re this situation. Googling hasn't helped, and it doesn't seem to be covered in my tenancy agreement. From what I can see, though, I can break my agreement, but would lose my deposit, unless they have broken a clause. I feel like giving >24 hours notice of a communal area being off-limits for an indeterminate amount of time and only offering a £50 refund when the living area is essentially 1/4 of what I am paying for (room, bathroom, kitchen/diner, living room) is not enough. I'm under enough stress with just affording to be a student and balancing my life that living like this is really stressing me out, and would be grateful to know if there is anything I can do?

I realise in retrospect that this wasn't the best way to find accommodation for this year, but I had an awful time last year and finding a house as a lone tenant is hard. I am also easily paying £100+ a month more on rent than people on my street (the neighbouring house has 3 bathrooms and each tenant is paying ~£400 a month, we have one and I am paying £550). I just really would like a way to live somewhere where I can focus on my studies.

G_M

I'm a student in the SE, and currently live in a shared house. There are 2 landlords, who share one room, and 3 rented rooms.

You are a lodger, living with your landlord, in a HMO (5 people in 4 separate households).

Check your local council website for the HMO rules an whether there should be a licence.

What does your contract say? Start date? End date? Or 'Term' eg 1 year? or is it periodic (rolling month by month or week by week)?

What does it say about notice, if anything?

Please quote exact wording.

But irrespective of that you can leave at any time is you and the landlord agree. Since you say " it's grown increasingly clear that the landlords do not like me," they may be happy for you to leave. If/when you do, get something in writing to say the contract (it's not a tenancy) has ended.

From what I can see, though, I can break my agreement, but would lose my deposit,

Do you mean you've seen that on the internet, or in your contract? Please quote.

trioceros

What does your contract say? Start date? End date? Or 'Term' eg 1 year? or is it periodic (rolling month by month or week by week)?

What does it say about notice, if anything?

"The term of the tenancy commences on 20th July 2019 and ends on 20th June 2020 (the "Term")" - I did move in on the 18th July, I'm assuming I will be moving out on the 18th June but am unsure.

The only thing I can find about moving out is "If the Tenant moves out prior to the natural expiration of this Agreement, a relet levy of £550.000 will be charged to the Tenant." £550 is equal to my deposit/1 month's rent.

When I refer to losing my deposit if I leave early, the above quote is what I'm referring to. Online I have found 7 days quoted as adequate notice to leave. I guess I'm just looking for a way to leave without losing £550. It's a lot of money to lose as an estranged student, and I feel like the action of essentially cordoning off an agreed communal area with no forewarning is in some way against the agreement.

RoughNeck

Firstly, I feel your pain. House sharing is certainly an 'experience' one way or another. However, please don't worry, you will sort it out. (I was 28 moving to Bristol and moved 5 times within about 18 months due to issues with either landlords or other tenants - mainly landlords).

What you may find is that the live-in 'landlords' are probably using the tenants as a way of affording the house they're living in. The likelihood is they don't want anyone there, but they know that that they need some form of income to afford the house they have purchased. It's probably nothing to do with you personally, just the fact they HAVE to rent out their rooms to afford the house. That's their problem, so don't feel like it's you.

They're cutting off rooms, which are stated as being for tenants? Is that in your contract? What do the other tenants make of it? The fact they are giving a £50 refund for their mother being there (!) means they know they are doing something they probably shouldn't be doing, but they also know knocking off £50 might keep you quiet. How approachable are they? If you and the other tenants feel the same, can you organise a meeting? Even raise it yourself and see what they say - I appreciate this isn't always easy though.

Sometimes if you just mention to the landlords, in a nice way, that you'd like to move out they can take it quite well and will cooperate (and give the deposit back). Not always, but it's worth a go first time round. If you feel like they dislike you they may be happy to let you go. I don't think it is you though, but again it might be worth just trying to bring it up with them. Try and get one on one with one of them maybe?

I'm sorry to hear you are having a crappy time though. It truly can be pants at times! But don't fear, you will find the right place

G_M

trioceros wrote: »

"The term of the tenancy commences on 20th July 2019 and ends on 20th June 2020 (the "Term")" -
So 1 year + 1 day. I bet they meant it to be a year but just don't know very much! The fact that they've called you a 'tenant' in your contract confirms that.It could potentially give you tenancy rights.

I did move in on the 18th July, I'm assuming I will be moving out on the 18th June but am unsure.
So you had 2 days living there under a licence, then the fixed term contract kicked in.

Normally you would be bound by the contract for a year since that is the Term (well year+a day).The fact you are a lodger rather than tenant does not alter the terms of the contract you agreed to and signed. However........

The only thing I can find about moving out is "If the Tenant moves out prior to the natural expiration of this Agreement, a relet levy of £550.000 will be charged to the Tenant." £550 is equal to my deposit/1 month's rent.
That clearly allows you to leave before the year is up since it specifies the terms under which you can.
It does not specify a notice period, so arguably no notice is required, though Common Law might require you to give 'reasonable'notice.

When I refer to losing my deposit if I leave early, the above quote is what I'm referring to. Online I have found 7 days quoted as adequate notice to leave.
Online where and in relation to what? A tenancy? A lodger contract? Monthly? Weekly?

Where no notice is specified, 'reasonable' notice is often related to rental periods: weekly rent = 1 weeks notice; monthly rent= 1 months notice.
However other circumstances (eg animosity or difficult living conditions) could affect the definition of 'reasonableness' in particuar cases.

I guess I'm just looking for a way to leave without losing £550. It's a lot of money to lose as an estranged student, and I feel like the action of essentially cordoning off an agreed communal area with no forewarning is in some way against the agreement.

Yes, but it is not a sufficiently major breach of contract to justify terminating the contract.

1) You could leave by mutual agreement - but the LL is likely to want £550.

2) You could wait till the end of a rental month and then rather than pay the next months rent, just leave. But the LL would withold your deposit.

3) Or you could threaten to report the LL for one of various issues he may have 'overlooked' eg

* declaring his rental income to HMRC for tax (see here).
* failing to get an HMO licence (if one is needed) from the council

He might prefer to give you your £550 deposit back to having HMRC or the council investigating........


Note: definition of HMO:

2)A building or a part of a building meets the standard test if—

(a)it consists of one or more units of living accommodation not consisting of a self-contained flat or flats;

(b)the living accommodation is occupied by persons who do not form a single household (see section 258);

(c)the living accommodation is occupied by those persons as their only or main residence or they are to be treated as so occupying it (see section 259);

(d)their occupation of the living accommodation constitutes the only use of that accommodation;

(e)rents are payable or other consideration is to be provided in respect of at least one of those persons' occupation of the living accommodation; and

(f)two or more of the households who occupy the living accommodation share one or more basic amenities or the living accommodation is lacking in one or more basic amenities.

http://www.legislation.gov.uk/ukpga/2004/34/section/254

On 1st October 2018 the Mandatory licensing rules change across England. The scheme is being extended to include all HMOs regardless of the number of storeys. Therefore from this date all HMOs that are occupied by five or more people who are not all related, and where there is some sharing of facilities, will require a HMO licence.

https://www.milton-keynes.gov.uk/housing/private-housing-and-landlords/hmo-licensing

Most (all?) councils have a list of licenced HMOs on their website eg

HMO Licensed Public Register (XLS, 1MB)

FreeBear

G_M wrote: »

3)]

The fact that they've called you a 'tenant' in your contract confirms that.It could potentially give you tenancy rights.

Or you could threaten to report the LL for one of various issues he may have 'overlooked' eg

* declaring his rental income to HMRC for tax (see here).
* failing to get an HMO licence (if one is needed) from the council

If the OP is indeed a tenant, then has the LL protected the deposit in a recognised scheme ?
Was an EPC certificate issued at the start of the agreement ?
Is there a gas safe certificate for all gas appliances ?

trioceros

You could wait till the end of a rental month and then rather than pay the next months rent, just leave. But the LL would withold your deposit.

I've paid up to and including December, would they legally have to give me back this money if I were to move out? I paid early for ease, and didn't realise I'd be wanting to leave. My mistake, I just wanted the money out of my account.

Most (all?) councils have a list of licenced HMOs on their website eg

My council (Runnymede) do not. I found an FOI request for it, but Runnymede council essentially said no, and that if the person who requested it wanted the information, they would have to arrange a meeting with the council. I'm not sure I'm willing to do this.

trioceros

Was an EPC certificate issued at the start of the agreement ?
Is there a gas safe certificate for all gas appliances ?

I have no idea what an EPC certificate is, but can confirm there is a gas safe certificate. I was home when British Gas came in and there is a copy of the cert up on the noticeboard.

They're cutting off rooms, which are stated as being for tenants? Is that in your contract?

"The Tenant will have exclusive occupation of the designated room and will share with the other occupiers of the Property the use and facilities of the common parts of the Property (including such bathroom, kitchen and sitting room facilities as may be at the Property)."

This is what I could find in my contract. There's also a part about obeying "all reasonable rules and regulations implemented by the Landlord" when using communal spaces. So, there's nothing formal about them being (not) allowed to block off the living area. However, they are now having near-nightly gatherings in the kitchen, cutting it off from ~6pm until up to 11pm, without giving any notice. I had people over in my own room and still gave notice.

pinkshoes

Go and speak to your landlord.

Tell him that this is not working out for you, it is too much of an inconvenience not having access to the living room and a discount of £50 is not acceptable, so you would like to move out, have a refund of any advance rent paid and your deposit returned. (Smile and say please).

If he says no, then ask to see the certificate showing that the property is registered as an HMO and is compliant with all HMO rules as per the law.

Hopefully he will then agree to the above.

DE_612183

If the Mother is living there - perhaps they'd be happy for you to move out so she could have your old room?

trioceros

If the Mother is living there - perhaps they'd be happy for you to move out so she could have your old room?

She's not living, just staying for a few weeks.