AST not as it seemed

Fernandes123

I need advice please.
I am 28 years old and renting in South East London from someone I met in undergrad university, who has now become my landlord (he is in his late 60s).

I signed the AST which had a statement that read along the lines of "the landlord will retain one bedroom for his own use. This will be mainly for use during maintenance and repair work and will likely be limited to 5 days in any one calender month. Attendance to be advised with tenant with at least 24 hours notice."

Now here's the thing, I work full-time and the hours and days around my job are spent writing a paper (in a completely different field to my job so my mind is always compromising between the two sectors) for publishing as an outcome from my masters degree, as well as taking care of my pet rabbits and then practically very little time to rest - if any.

I had to move in two stages over two weekends to fit it around my job and everything else. After the first weekend of the move I was rebuilding all my furniture in the new place that had to be dismantled during the move and I just wanted to get back home to my rabbits (one of whom became sick that same morning). I was physically, mentally and emotionally exhausted at this point when the landlord wanted to go over the contract and sign it then and there.

Now looking back and the events that have unfolded since, I don't want to live in a home that the landlord sees as his crash pad (and referred to the spare room as it all the time) ; he uses non-existent maintenance and repairs as an excuse to travel down and sleepover.
He lives in Bristol with his wife but they aren't together and I just feel (and know) he is taking advantage of my tenancy by driving down every month and spending nights here for no valid reason.

I can't relax in this place that I'm renting and he even had a go at me when I refused him to come over and stay the weekend because I hadn't even had a weekend alone yet.

This is what he said:
"Any landlord should be visiting the property on a monthly basis to check all is in order, which I do unless were in lockdown.
You want to be alone at weekends, you don't want anyone disturbing the rabbits when you're at work, you want Friday clear for dates. That makes maintenance and even visits impossible which is not workable. Visit and maintenance dates and times should be arranged to suit my work schedule."

Bearing in mind he's retired.
I told him that how I spend my days and time is none of his business and that I have every right to live in peace.

He was in town recently to visit his in-laws and tried to invite himself over because they didn't have space.
He'll say he needs to travel down to mow the grass in the garden and then stay overnight, and when I said that I can mow the garden, he said its not safe because the lawnmower cable has been repaired and needs to be tested for safety and also that any work towards the garden isn't in the agreement so mowing needs to be added before I can do it.
He even tried to make an excuse to come down to collect some bits and pieces like his chocolate bar that he left in the fridge once!
I'm like dumbfounded by the things he comes up with. I honestly feel like this is an abuse of power and I shouldn't have signed the contract.
A few weeks ago he caved when I said it was harassment and he said OK there's no repairs but don't complain unless there's an emergency (I never even complained about anything needing doing).  But something just doesn't add up because he let slip during our exchange of words that he was planning to start a job in London in October and how he would have to find 'alternative' accommodation now.

Today after two weeks of blissful silence he said he is going to send an email with a list of work that needs to be done at the house that will require him staying overnight (God knows for how long). He's arranged for the gas safety and EICR (which fair enough needs to be done) but he's insisting he has to be at the house in case of any 'remedial' work needs doing by him and I know he'll say he needs to spend the night because he can't drive back the same day.

My question: Can I change the terms of the contract regarding the number of his visits and sleepovers to the house after I've signed it in my somewhat delirious state of mind because I was trying to manage everything on my own and clearly burnt-out?


P.S. The reason for him crashing overnight each time he visits is this:

"I have to travel 250 miles round trip to do these jobs that is why I would prefer to stay over. It's better than risking falling asleep on the motorway"



Now after only two months, I'm starting to look into moving again though my workload is still heavy and anyone who has moved at least once knows just the thought of moving is incredibly stressful

My contract is only for a year because then I'm off to Liverpool to hopefully do a PhD and I didn't expect to feel like I would have to move again so quickly with my rabbits who have just got settled in a new place. 

Gentoo365

It seems like you are more a lodger than someone with an AST.  

Your choices are to put up with it, come to some agreement with him, fight it in court or find somewhere else to live.

There isn't a hassle free way out, and a legal battle or multiple arguments about what was and wasn't agreed may be more hassle in the long run than just finding somewhere else.

If you want to know your rights, someone else will probably reply, but the hassle will be enforcing them.

madteapot

I am not an expert on AST and tenancy laws however from what I can see the landlord is trying to pass lodger arrangement in the name of AST when it suits him and taking advantage. I know of some cases where the AST excluded a room or garage from agreement as the landlord would have their possessions stored there. However if the landlord is using that specific AST condition you mentioned to stay overnight in the said room is likely to be interfering with your right to quiet enjoyment. 

First thing I would advise is to change the locks. Before you argue that your agreement says you can't change locks; that would be unenforceable in practice. Get this done immediately and keep the old lock to replace when you move. 

Secondly stop being gullible and being nice for the sake of it. This is your home and you can refuse access to the landlord if you so wish. Once you change the locks it should alleviate your worries of landlord accessing the property without your permission. If they just drop in without informing then simply don't answer or close the door saying this isn't good time. Don't try to give reason as that will just stretch the matter. If you are worried they might try to break-in or force entry then get camera doorbell or something similar for peace of mind. 

Thirdly write a letter to the landlord and send it to the address from the AST for giving notice. Mention clearly that you are not happy with the landlord staying overnight and will not allow further stays. Reiterate that the AST gives you implicit right to quiet enjoyment of the property and that you expect the landlord not to disturb you by requesting any further overnight stays or inviting himself without notice. You can also mention that you are more than happy to allow access for maintenance and repairs as long as access is requested at reasonable hours that suits you and that you have been notified 24 hours in advance. Send the letter as recorded delivery for proof.

If you are unsure if any of this is going to work then simply have firm conversation with the landlord saying this arrangement of him staying overnight doesn't work for your and that you won't allow access in such situations. Seeing that he benefits from this arrangement he might be willing to let you leave early from your fixed term and get more compliant "tenant". Keep in mind however that you have presumably signed a fixed term AST so you are liable for rent for the full length if he doesn't agree to early surrender.

In terms of your specific question;

Can I change the terms of the contract regarding the number of his visits and sleepovers to the house after I've signed

Does your AST actually mention that he can have overnight stays in that room? Can you post exact condition? Did you really sign an AST or was it some sort of lodger agreement and that you misunderstood?

canaldumidi

Either you have an AST, are a tenant, and have tenancy rights - which include 'exclusive occupation';

Or you are a lodger, sharing with your landlord, and have few rights.

It appears your landlord is trying to fudge this distinction,and  remove your rights, though it's strange he calls the contract an AST...(the guy is legally clueless).

However there is a strong argument that the LL does not live there. It is not his main residence. You have exclusive occupation. On that basis, whatever the contract says, you could deny him access (by changing the locks if necessary). That will, of course, have a very negative impact on your LL/tenant relationship so you'd need to be prepared for arguments, and be prepared to stand up for yourself, getting legal support if necessary.

His suggestion that he needs to stay there for repairs is nonsense. A LL has a duty to maintain a property, and it is reasonable to undertake inspections periodically to check for repairing issues - 3 or 6 monthly is normal. But that should not involve staying in the property! Where he stays is his problem, not yours as a tenant. If he wants to let his property out and benefit from the rental income, he has to accept it is his tenant's home, not his own.

Has he complied with other requirements as a LL? Did you receive

* an EPC?

* a gas report (if there is gas)?

* an electrical safety report?

* the government leaflet How to rent

If he took a deposit, is it registered and did you receive PI?

Did he check your residence status ((Right to Rent)?

All the above are legal requirements with an AST.

(Oh, and if Scotland, Wales,or some English councils, is he registered as a landlord?)

My guess is he did none/few of these as he wants you to be categorised as 'lodger'. Possibly has not got consent from his mortgage lender.Or insurer. Possibly not declaring income to HMRC (you don't pay in cash do you!!!??).

Suggesting informing those departments might make him think twice.......

london21

I will say if you ar not happy with such arrangements, find an alternative property.

Do you pay the going rate or lodger type rate?

Sounds like he still wants access to the property.

Slithery

Another thing to bear in mind is that as you don't have exclusive use of the property you aren't liable for the council tax, your LL is.