Lodger lied during application, outcome on page 29...!

GDB2222

Indeed, https://england.shelter.org.uk/housing_advice/private_renting/lodgers says::

If you pay rent weekly, your landlord must give you a rent book.

Although, there's no indication of what happens if the LL fails to comply.

emmajones1976

Can I add that clause 3b is to my mind a bit ridiculous, given that if he is a basic taxpayer he would only get £1.20 a week back.

Irrelevant to this but i dont see the value in keeping it in for duture endeavours. If you dont want a home worker moving in with you, weed them out at the application stage.

[Deleted User]

emmajones1976 said:

Can I add that clause 3b is to my mind a bit ridiculous, given that if he is a basic taxpayer he would only get £1.20 a week back.

Irrelevant to this but i dont see the value in keeping it in for duture endeavours. If you dont want a home worker moving in with you, weed them out at the application stage.

By home worker, do you mean drug dealer?

emmajones1976

[Deleted User] said:

emmajones1976 said:

Can I add that clause 3b is to my mind a bit ridiculous, given that if he is a basic taxpayer he would only get £1.20 a week back.

Irrelevant to this but i dont see the value in keeping it in for duture endeavours. If you dont want a home worker moving in with you, weed them out at the application stage.

By home worker, do you mean drug dealer?

Of course not!

CKhalvashi

GDB2222 said:

Indeed, https://england.shelter.org.uk/housing_advice/private_renting/lodgers says::

If you pay rent weekly, your landlord must give you a rent book.

Although, there's no indication of what happens if the LL fails to comply.

That's covered by section 7.

https://www.legislation.gov.uk/ukpga/1985/70/section/7

[Deleted User] said:

emmajones1976 said:

Can I add that clause 3b is to my mind a bit ridiculous, given that if he is a basic taxpayer he would only get £1.20 a week back.

Irrelevant to this but i dont see the value in keeping it in for duture endeavours. If you dont want a home worker moving in with you, weed them out at the application stage.

By home worker, do you mean drug dealer?

I'm working from home this week, you won't find anything stronger than paracetamol in my house (actually, you will find some homemade Georgian chacha, but that's not what you meant).

MaryNB

emmajones1976 said:

Can I add that clause 3b is to my mind a bit ridiculous, given that if he is a basic taxpayer he would only get £1.20 a week back.

Irrelevant to this but i dont see the value in keeping it in for duture endeavours. If you dont want a home worker moving in with you, weed them out at the application stage.

I presume they incorrectly thought it was tax relief OF £6 a week rather than a tax relief ON £6 a week.

CKhalvashi

MaryNB said:

emmajones1976 said:

Can I add that clause 3b is to my mind a bit ridiculous, given that if he is a basic taxpayer he would only get £1.20 a week back.

Irrelevant to this but i dont see the value in keeping it in for duture endeavours. If you dont want a home worker moving in with you, weed them out at the application stage.

I presume they incorrectly thought it was tax relief OF £6 a week rather than a tax relief ON £6 a week.

Paying £6/week when you've received tax relief on it seems completely fair to me, especially as utilities are provided in this case.

Definitely nothing unreasonable there at all, as asking for £1.20/week would leave a technical profit for everyone else in this case.

emmajones1976

I just dont see the need. Lets say he didnt work from home and he spent a week off work dossing round in his bedroom. Is the OP going to charge him more for that week?

themastergoose

GDB2222 said:

Thanks for that. My eyes glazed over by clause 12.

Presumably, there's some other document where the unspent convictions have failed to be disclosed? This document explains clearly, in language a layman can understand, that the lodger agreement will terminate without notice if unspent convictions were not disclosed. 

It's strange that that absolutely vital document wasn't posted.

It does exist, doesn't it? Otherwise, how would clause 12b apply?  




Although @themastergoose is clearly a private individual, he is offering this room on a commercial basis to a 'consumer'. There's a raft of consumer protection legislation, and the OP needs to show that Clause 12b was clearly explained at an early stage to the lodger, and explained in simple language.

The fact that my (really quite experienced, if rather aged) eyes missed clause 12b really does mean that the court could find that it falls foul of Part 2 of the Consumer Rights Act 2015. 

In addition, the clause specifies that the agreement may terminate without notice. The court could easily find that eviction without notice is an unfair term. 


 

Part 2 of the Consumer Rights Act 2015 makes specific mention of tenancy agreements and letting agent contracts. There's nothing in it about a lodgers licence.

In the eyes of the law also, the room isn't offered on a commercial basis as I'm not set up as a business and it wasn't advertised under one neither. He's got a standard lodgers licence, NOT a contract.

CKhalvashi

themastergoose said:

GDB2222 said:

Thanks for that. My eyes glazed over by clause 12.

Presumably, there's some other document where the unspent convictions have failed to be disclosed? This document explains clearly, in language a layman can understand, that the lodger agreement will terminate without notice if unspent convictions were not disclosed. 

It's strange that that absolutely vital document wasn't posted.

It does exist, doesn't it? Otherwise, how would clause 12b apply?  




Although @themastergoose is clearly a private individual, he is offering this room on a commercial basis to a 'consumer'. There's a raft of consumer protection legislation, and the OP needs to show that Clause 12b was clearly explained at an early stage to the lodger, and explained in simple language.

The fact that my (really quite experienced, if rather aged) eyes missed clause 12b really does mean that the court could find that it falls foul of Part 2 of the Consumer Rights Act 2015. 

In addition, the clause specifies that the agreement may terminate without notice. The court could easily find that eviction without notice is an unfair term. 


 

Part 2 of the Consumer Rights Act 2015 makes specific mention of tenancy agreements and letting agent contracts. There's nothing in it about a lodgers licence.

In the eyes of the law also, the room isn't offered on a commercial basis as I'm not set up as a business and it wasn't advertised under one neither. He's got a standard lodgers licence, NOT a contract.

That license though is a contract.

You've just made me think of something which may help you, so I'll get back to you on it once I've eaten as I need to check the legislation to be sure.