Is this legal

JuzaMum

I am helping some find somewhere to live and spotted this ad...
Small studio with limited cooking facilities - electric only , microwave, toaster and kettle. Fridge
Small TV , en-suite shower room/toilet and sink
Double bed and desk
Access to shared garden

Suitable for a single person


The room is let without a tenancy on a bed and breakfast basis . £2 a day allowance will be made to cover your breakfasts making the monthly rent £419 and I am basing this on a 28 day month with no extra charge for any month having more than 28 days . (Hope all makes sense)

Electricity is charged at the supply rate from SSE and advance payment of £100 is required and this will be submitted each month and charged accordingly .

Is this legal? It looks like they are avoiding giving a proper tenancy

Soot2006

Doesn't have a kitchen by the sounds of it, so despite separate entrance (I'm guessing) is basically a bedsit/lodging.  Can't comment on the legality though!

MaryNB

Sounds more like a lodger agreement than a tenancy. Is it a live in landlord?

JuzaMum

MaryNB said:

Sounds more like a lodger agreement than a tenancy. Is it a live in landlord?

It doesn't mention if the landlord is on site. It does say council tax not included and is advertised as a small studio flat.

Soot2006

JuzaMum said:

MaryNB said:

Sounds more like a lodger agreement than a tenancy. Is it a live in landlord?

It doesn't mention if the landlord is on site. It does say council tax not included and is advertised as a small studio flat.

Fair enough - have to admit I was imagining one of those poor garage conversions, but I don't know where that image came from!

user1977

JuzaMum said:

MaryNB said:

Sounds more like a lodger agreement than a tenancy. Is it a live in landlord?

It doesn't mention if the landlord is on site.

Would be odd for them to be providing breakfast if they're not.

Exodi

Sounds like a typical house-share/lodging type scenario.

You see them on spareroom. You don't need a tenancy agreement for a lodger.

Sounds like someone just trying to make an extra bit of money though.

MaryNB

JuzaMum said:

MaryNB said:

Sounds more like a lodger agreement than a tenancy. Is it a live in landlord?

It doesn't mention if the landlord is on site. It does say council tax not included and is advertised as a small studio flat.

If it's a studio flat it's a separate dwelling and you'll be responsible for paying the council directly (hence it not being included). In this case it should be let under a tenancy agreement. You should only be charged exactly what you owe in electricity (not sure about the £100 a month advance arrangement, that's a new one to me)

If it's a room in an house let out with a live in landlord then it's done under a lodger agreement (significantly fewer rights for you). They might be calling it a studio flat to make it sound better than it is - an ensuite bedroom with some kitchen appliances. 

If it's the former I'd avoid, sounds like a dodgy landlord. 

canaldumidi

How it is described in the advert does not define whether it's a tenancy or not. It's the precise arrangement that dictates a tenancy vs something else (eg Excluded Occupation/lodger). In borderline cases, the only way to be sure is for the matter to go to court and a judge to decide. However

* does the 'studio' have it's own separate entrance?

* does the LL live on the premises?

* are any facilities shared with the landlord?

* does the occupant have exclusive occupation, or does the LL have access (eg to do weekly cleaning, serve the breakfasts etc)

* is the studio seperately rated for council tax?

The answers to these, and other, questions would help a judge determine the status of the occupant.