Rights as a Tenant/Lodger?

DE_612183

trioceros wrote: »

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

Ah ok, as others have said then just approach your Landlord - see what their position is.

I presume you've paid for Nov, Dec & Deposit so they have £1650 of your money ( which is reducing every day you're in the property.

Heliflyguy

On the Runnymead housing Web pages it says an HMO scope is occupied by five or more persons in two or more households, regardless of the number of storeys.

It also has the same link as GM has posted.

Sounds like you are in an HMO.

paddyz

What do the other lodgers say about this set up?

G_M

trioceros wrote: »

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.

Yes they do!

Downloads

• HMO licence register [300.1KB]

It's on their website here:
https://www.runnymede.gov.uk/hmolicence


It is an HMO and should be licenced. The link will tell you if the landlord has obtained a licence ornot. If he has not, and you report him, he is liable to a fine of £X.


To have obtained a licence, he must have submitted:

the following documents with your application:

• Electrical installation condition report (EICR) issued within the last five years
• Landlord's Gas Safety record issued within the last 12 months, if the property has gas
• Portable appliance test (PAT) certificate issued within the last 12 months for any portable electrical appliances more than 12 months old, if you have one
• Fire risk assessment, if one has been undertaken
• Maintenance and inspection reports for fire precautions equipment (where grade A fire alarm systems and emergency lighting is installed in the property)
• Two copies of floor plans that accurately reflect the layout of the property
• One copy must be annotated to show the location of basic facilities such as baths, toilets, wash hand basins etc., and the location of fire precaution equipment
• The other copy must show accurate measurements of individual rooms so we can calculate floor space, and determine how many people the property is suitable for. Any areas of rooms where the ceiling height is below 1.5 metres must be marked on the floor plan

He should also have a valid EPC (check EPC register here).

trioceros

Yes they do!

Ah, thank you. I have no idea why I couldn't find it, that's what I get for trying to look in a lecture. Seems they're all registered, as they have been doing this for a few years.

As for the other tenants, I'm not sure how they feel. We never talk or interact beyond the odd occasion we might run into each other in the kitchen.

Does being in a HMO give me any different rights? I'm a bit cautious of discussing this with my landlords before I know my rights, and have a new place set up. I don't really want to make this situation any worse than it already is.

00ec25

trioceros wrote: »

Does being in a HMO give me any different rights? I'm a bit cautious of discussing this with my landlords before I know my rights, and have a new place set up. I don't really want to make this situation any worse than it already is.

so, the clause you quoted giving exclusive use of a bedroom means you are a tenant.

forget about lodger rules, they do not apply to you even though the landlords live in the same property as you do.

you are without doubt occupying an HMO (you confirmed it is licensed?) and furthermore you have a fixed term tenancy agreement which you signed in agreement to its clauses, including how you can end it "early" in exchange for a £550 fee.

HMO status does not affect your tenancy rights, you are "simply" a tenant. If you want out, and don't want to pay the "escape charge", your only legal option is to negotiate with the LL and agree what is called a mutual surrender. That means each side accepts new terms for ending the tenancy - get those terms in writing as you may need to rely on them if the LL changes their mind and tries to sue you for breach of contract by leaving before it naturally ended.

G_M

trioceros wrote: »

.....Seems they're all registered, as they have been doing this for a few years.

.....

Not sure what 'all' means. Either the property is registered, or it is not.

dimbo61

So check the HMO register for Runnymede Council and check if your landlords have paid the £1,000 fee and complied with all the requirements of the licence.
They can't move mum into the living room as this is overcrowding and the HMO team would not be happy with this and could fine the landlords.
Speak to the landlords and tell them you want to move out !
Mum can have your room
The HMO licence will state how many people can live in the property so is it Five or Six ?

dimbo61

The law changed on the 1st of October 2018 and thousands of properties have now become HMO,s but not every landlord has applied for a licence or taken the steps to bring the HMO up to the standard required.
So your landlords may have been renting rooms for years but are they HMO registered and compliant ?

kinger101

I'd just continue using the space as per the original contract. They can't vary the terms just because their mother is over.

Have they protected your deposit?

The sensible thing is probably to do what Pink Shoes suggests. And then report them anyway once you have your money back and have left. Idiots like this need to learn the hard way.