Landlord As Tenant?

jessovbhe

Hi not sure where to post this so sorry if its in the wrong place. Citizens advice wont do anything.

I have a normal assured shorthold tenancy agreement yet the landlord stays over with his wife for 2 weeks every year. My contract says the landlord needs to give 24 hours notice to visit and it should only be for repairs or inspections.

They are really disrespectful and move things around including putting my food on a shelf I cant reach, and saying me and my flatmate are too dirty (we aren’t), rearranging furniture and asking what they can throw away out of the items that I keep under the stairs like its any of their business where I keep my things in a house I pay rent for.

I have tried contacting the estate agent and they just said “its a houseshare” which of course isnt a legal term and doesnt mean anything and if it did it wouldn’t be referring to the landlord. I am not a lodger and wasnt informed of this arrangement when moving in. Any idea how I can legally get them to leave and not stay over again without risking having my contract terminated? It is extremely intrusive and my flatmate doesn’t like it either. EDIT: I should also add they go in our rooms without asking, ignore lots of repair requests even when I offer to help carry them out, and steal our knives and other various items every time they visit.

[Deleted User]

If you have an AST it shouldn't be a house share situation. But you signed the document. Personally, I'd be looking to move. It will probably be a complicated one to resolve as while what they are doing is not strictly legal, they are using a changed clause in the AST allowing them to stay (they have used inspection clauses to allow them to stay, which is not what its for).


I'd advise phoning Shelter and making an appointment to see them.

But ultimately, I think you will have to move.

Davesnave

I don't see anything in the OP that suggests the AST has been altered; only that the landlord & his wife see this as a right, which it isn't. If the AST is standard, they are in breach of the usual terms giving the tenant 'quiet enjoyment' of the property.

Citizen's Advice won't do anything, because they only give advice, as their name suggests. What advice did they give?

My advice would be to write to the landlord at their home address advising them of the breach in the terms of the AST and warning that it should not happen again. I think it's harassment, which is a criminal offence.

Then I would change the locks, keeping the old ones to replace on leaving. This would ensure that the landlord gave the 24 hours notice and, hopefully, that he would not try to stay over. If he did, I'd call the police, although many of them don't know much about tenancy law.

Incidentally, where do the landlord and his wife sleep in the property when they stay? You say they 'go in your rooms,' but all the rooms are yours.


I agree with the above post that you may ultimately end up moving, but I wouldn't stay if this persisted anyway.

G_M

The devil may be in the detail:

* I'd want to see the wording of the tenancy agreement
* Is it a joint & several tenancy with your flatmate? Anyone else live there?
* How many bedrooms?
* Do you rent: a whole house/flat with your flatmate?
* confirmation it's Eng/Wales
* how long you've been there (and how often they've stayed over)?
* fixed term tenancy (dates please) or periodic?


But based on the skimpy detail provided, I'd suggest you take action like this:

https://www.youtube.com/watch?v=VXAo7zSN-9o

https://www.youtube.com/watch?v=IIPyqtOmprE


Some further Qs:

* where does the LL live? Abroad, + spending 2 weeks in the UK? Or are the 2 weeks simply his way to try to make you lodgers not tenants?

* if abroad:
a) how do you pay rent? To the LL's own bank? If so, you need to deduct his tax unless he's given you a letter from HMRC (see HMRC (Non Resident [= overseas] Landlord Scheme) ). Or to a UK agent?
b) has he given you an address (postal) in Eng/Wales " for serving notices" on him? If not, you need not pay rent (Landlord and Tenant Act 1987 S48)

* have you paid a deposit? Is it protected? Date?

* did you receive an EPC? Gas report? How to rentleaflet?

Davesnave

GM is so much more thorough than me; it's like the difference between one of those push along carpet sweepers and a Dyson!

brianposter

Does the rent reflect that this is not a normal tenancy ?

theartfullodger

A landlord cannot be his own tenant. See that wonderful case Rye v Rye 1962, the appeal court - see also
https://swarb.co.uk/rye-v-rye-hl-1962/

- one judge being the wonderful Lord Denning



Just change the locks

AdrianC

Davesnave wrote: »

GM is so much more thorough than me; it's like the difference between one of those push along carpet sweepers and a Dyson!

A Dyson? Are you calling G_M overpriced, flimsy and blingy...?

Comms69

theartfullodger wrote: »

A landlord cannot be his own tenant.

Just change the locks

Assuming they rent the whole property and not per room

Davesnave

AdrianC wrote: »

A Dyson? Are you calling G_M overpriced, flimsy and blingy...?

Err....I dunno, I'm a Henry man in real life, with a 1980s Panasonic I cannot kill for the really nasty jobs.

theartfullodger

Comms69 wrote: »

Assuming they rent the whole property and not per room

Got an authority for that, please?


I'd agree that the landlord can exclude part of the property (eg room number 3) from the tenancy and grant himself access to it but...
a) Doesn't seem to have happened here... and

b) if that was the case LL would be responsible for all the Council Tax