Landlord As Tenant?

Comms69

theartfullodger wrote: »

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

Was in reference to changing the locks - not the bit about being a tenant

Bossypants

AdrianC wrote: »

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

I dunno, they are not cheap and I'm not keen on the design, but my Dyson is head and shoulders above every other vacuum I've ever owned when it comes to dealing with awkward pet debris.

Jeepers_Creepers

Davesnave wrote: »

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

(Can't reply to your inbox, Dave - it's full! :-) )

Davesnave

Jeepers_Creepers wrote: »

(Can't reply to your inbox, Dave - it's full! :-) )

Fixed it now. MSE messages when full. You seem to have sent the same message twice, though. Anyway, space for 2 more inside.....

jessovbhe

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.

With citizen's advice I just asked them if it was legal what they were doing and what I could do about the situation. Basically the same thing I've put here, and they responded that they can't give legal advice.

The landlord's address is listed as the estate agent's address, although they do get post almost every day (e.g. NHS letters) delivered to this house. They live in India except for the 2 weeks they come to stay here.

I have had a look at my contract but unfortunately there is a clause that says I can't change the locks, but thanks for that idea.

There are 3 rooms in this house - one for me (which btw is under the legal 6.51m sq that it should be - its 6m sq approx.), one for my flatmate, and then another that is locked which my landlord stays in.

jessovbhe

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?

* 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?

Thanks for this. To answer your questions:
-It's me and another flatmate on a seperate agreement in different rooms, we are not related and I didn't know him before moving in.
-We have a bedroom each, and the 3rd bedroom is usually locked and I believe only the landlord has the key.
-It is an ordinary 3 bedroom house with 1 kitchen and living room that we share. There are no installed locks on me or my flatmates doors but it is possible to add a padlock (but this could easily be removed with a screwdriver). Apparently that makes a difference legally? Not sure
-We are in Leeds in England
-Lived here since oct 2017 and renew a 12 month contract every year. Fixed term. they visit once a year for around 2 weeks and that's it
-He lives in India but gets letters delivered to this address but on our contract it says his address is the estate agent's address. I don't know his address for the time he isn't here
-£200 deposit that is protected, paid that in oct 2017 when I moved in

Sorry I'm not sure what an EPC is. Could you give me some more info about the serving notices address please? If it's not too much trouble. That sounds like it could be useful, thanks for all your help so far

jessovbhe

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

Well my contract says I am responsible for council tax and bills, but this has always been included in my rent. I feel like the estate agent didn't put much effort into making it accurate so lots of clauses are being broken, although it was advertised as being inclusive of council tax and bills.

I have added some parts from my contract that I think might be relevant. It is titled as an assured shorthold tenancy agreement and doesn't say HMO anywhere:

7 OUTGOINGS
7.1 Payments to be made by the Tenant
The Tenant must pay, and fully indemnify the Landlord against (or) The Agent:
7.1.1 the council tax, or any tax replacing it, payable in respect of the Property;
7.1.2 all water and sewerage charges and metered payments in respect of the supply of water to the Property;
7.1.3 all charges for gas and electricity consumed on or supplied to the Property and (as to electricity where a two part tariff is in force) the standing charge or charges and any meter rent;
7.2 Accounts
The Tenant must ensure that all accounts issued by relevant authorities or suppliers are issued to and made out in the name of the Tenant for the duration of this tenancy. The Tenant must settle all such accounts within a reasonable period of receipt of them. If any service or facility is disconnected for non-payment of an account, the Tenant must pay the re-connection charges and indemnify the Landlord against any demands or claims in respect of them.

27 QUIET ENJOYMENT
The Landlord must permit the Tenant peaceably to hold and enjoy the Property during the tenancy created by this agreement without any interruption or disturbance from or by the Landlord or any person claiming under or in trust for him.

11 RIGHTS OF ENTRY
The Tenant must permit the Landlord and the Agents, with any necessary contractors and workmen, to enter the Property at all reasonable times upon 24 hours’ prior notice, or in the event of emergency at any time without notice, causing as little inconvenience to
the Tenant as reasonably practicable and making good any damage caused to the Property and the Tenant’s property:
11.1 to examine the state and condition of the Property and the Contents;
11.2 to carry out any repairs that are necessary pursuant to the Landlord’s responsibilities under this agreement or by statute;
11.3 to carry out works that may be required to repair, alter or improve the Property or the electrical wiring, gas and water pipes or drains in or under the Property or any part of it and to carry out repairs, alterations, improvements, rebuilding or other works to the building that can only be carried out by having access to the Property or the electrical wiring, gas and water pipes or drains within or serving it, or for any other reasonable purpose in connection with the management of the Building; and
11.4 During the anticipated date of end of the Term, to inspect the Property with interested parties with a view to proposed sale or letting.
11.5 By obtaining a court order, the Landlord may re-enter the Property immediately thereupon the tenancy shall absolutely determine without prejudice to the rights and remedies of the Landlord if the Tenant has not complied with any obligation in this Agreement or should the Rent be in arrears by more than 14 days whether formally demanded or not.

HampshireH

Well my contract says I am responsible for council tax and bills, but this has always been included in my rent. I feel like the estate agent didn't put much effort into making it accurate so lots of clauses are being broken, although it was advertised as being inclusive of council tax and bills.

Your contract is really clear you are responsible.

The council would deem you both responsible. Are you sure they are being paid?

GDB2222

You seem to be saying that you rent one room plus have the use of the kitchen and bathroom.

You are storing stuff under the stairs. Does your lease allow this?

I am struggling to see what the landlord is doing that is so wrong? Sure, he’s not afraid to voice his views about you. If he let that room to another tenant, they might do the same. Different people have different opinions about cleanliness.

He needs some space in the kitchen for his own food. Did you leave some space free for him, or did he have to clear some space?

Essentially, what you have is a shared property where one of the sharers is absent 50 weeks of the year. That sounds great to me. But you like it so much when they are absent that you resent them turning up at all. It’s understandable that you feel like this, but not entirely logical. What’s more, you seem to be using all the storage space for yourselves and not leaving a third free for the landlord.

SallyDucati

GDB2222 wrote: »

I am struggling to see what the landlord is doing that is so wrong? Sure, he’s not afraid to voice his views about you. If he let that room to another tenant, they might do the same. Different people have different opinions about cleanliness.
.

The OP has stated that his landlord enters his bedroom that he definitely pays rent for exclusive use for. That is really wrong, and could be the root cause of all the other bad feelings.