AST or lodging?

RAS

Write to the LL, detailing the problem, with photos if needed, the dates when the tenant previously raised the problem and any action taken/not taken.

Generally, first class letters are deemed received two days after posting, but in case, email if that is a form of communication the tenant and LL have use previously, or post manually, taking a picture of the letter in the mailbox. 

Remind your friend that they need to return the property in the condition in which they received it, but it'd be very hard for the LL to claim detriment if there is no incoming inventory. So when they leave, photograph everything, loo seat up, cupboards open, oven clean.

If the LL plays hard ball, then your friend can sue the LL for a penalty for not registering the deposit, up to 3x the deposit but most likely 1x anyway. And they can dib them in re safety certificates, CT if they wish.

movilogo

All depends on how the contract has been drafted. An annex can be let out either as lodging or as tenancy. Tenants have more rights than lodgers. 

Since tenant is in part of same house, landlord can legally say they are lodgers as they are sharing the same house. Even driveway or garden can be argued as "shared". 

This is why terms of contract is important.

Slithery

movilogo said:

All depends on how the contract has been drafted.

No it doesn't. The type of tenancy is legally defined depending on the actual situation, not what it says in the agreement.

You can't override a tenants rights just by calling what is legally an AST a lodgers agreement in the paperwork.

https://england.shelter.org.uk/housing_advice/downloads_and_tools/tenancy_rights_checker

sourpuss2021

movilogo said:

All depends on how the contract has been drafted. An annex can be let out either as lodging or as tenancy. Tenants have more rights than lodgers. 

Since tenant is in part of same house, landlord can legally say they are lodgers as they are sharing the same house. Even driveway or garden can be argued as "shared". 

This is why terms of contract is important.

In one of their posts the OP clarified that it is a separate building:

"I apologise, I should have been clear that this building is not connected to the main house."

RAS

@no_moolah

Can you also check the situation regarding bills? Electric, gas if appropriate, water, wifi?

no_moolah

Ok thank you everyone who has contributed, really appreciate the advice. I didn't realise this would be so complex. The tlandlord is apparently experienced in this, so I was leaning on the side of it being all as it seemed i.e. a lodging. But after some research and your comments it doesn't seem that way at all.

I haven't shared any tips yet as I'm still trying to get it straight myself, although I suppose the first step is asking for the deposit to be protected? Then to ask for the repairs to be done, that request being justified as it is the landlord's responsibility with an AST.

Bills are all inclusive but they do pay for their own wifi set up.

canaldumidi

movilogo said:

All depends on how the contract has been drafted. An annex can be let out either as lodging or as tenancy. Tenants have more rights than lodgers. 

Since tenant is in part of same house, landlord can legally say they are lodgers as they are sharing the same house. Even driveway or garden can be argued as "shared". 

This is why terms of contract is important.

OP - please ignore this erroneous information.

Whether the occupant is a tenant or a lodger depends on the circumstances, the accommodation, NOT what the LL may have written in the contract.

If it depended "on how the contract has been drafted" then all LLs would simply draft contracts as lodger agreements or licences!

In property law, and in relation to the Housing Act, a shared driveway or garden would not impact on whether the occupant was a 'tenant' or and 'Excluded Occupier' (ie excluded from Housing Act protection as a tenant).

elsien

My guess would be that the landlord is perfectly well aware that there should be a proper tenancy but have chosen to ignore the implications. And possibly not declaring the income. 

Either way, whether your friend is a tenant or a lodger it’s not their responsibility to pay for repairs. (Unless it’s something they’ve damaged or caused by their negligence.) 

no_moolah

Is anyone aware of how the income declaration works (or should be working) and the implications if it turns out that it is in fact an AST? I imagine that might lead to some reluctance from the landlord, who might insist it isn't and threaten some kind of legal action or eviction. This is partly why I haven't shared any information yet, a bit concerned that it could lead to some form of retalliation...

Ath_Wat

I'm a little confused by all this as surely a lodger is even less liable to pay for  repairs.