AST or lodging?

no_moolah

Forgot to mention after drifting from the AST/lodging question, but the landlord does apparently rent to another tenant, who lives in a self-contained flat that is adjoined to the landlord's house, and also has access (and parking rights) for the driveway. I'm assuming the tenancy distinction would be more clear for that, and I can see that wouldn't be considered as an AST.

RAS

Does the other flat share a hallway or similar with the LL.

no_moolah

RAS said:

Does the other flat share a hallway or similar with the LL.

I don't think so, I get the impression it's the exact same arrangement with the only difference being an adjoined flat.

canaldumidi

What exactly is the desired outcome? The options are

* request repairs in writing

* threaten to report LL (toHMRC, Planners, Building Control, Env Health etc) if repairs not done

* Report as above

* Move out

* do one/more of above and get eviction notice

* fight eviction (demand S21 etc) or move out

* Tenant does repairs  (and does/does not reclaim costs)

* ........

no_moolah

You're right, and I think it's looking like finishing exams, then moving out promptly afterwards would be the best way forward. I believe the landlord recently attempted another fix but still won't call anyone in, so time will tell. I've said to write an email if the issues come up again, mentioning environmental health in the email.

However I also said that if nobody has been called in by whenever the exams are done, then just send a letter including all of the information around a likely AST, planning, building control etc etc. Inform the landlord you're leaving early and expect your full deposit to be returned.

Luckily their university offers free legal advice for students with housing issues, but they have to wait until June-July for the appointment. I really think it does sound like an AST and nothing seems to have been rubber stamped, but probably best wait until the stress of exams are out of the way first.

sourpuss2021

I think the following thread was also started by OP, and contains an answer suggesting it's unlikely to be an AST even if the garage is a seperate building:

https://forums.landlordzone.co.uk/forum/residential-letting-questions/1194958-resident-landlord-or-ast?p=1194978#post1194978

no_moolah

Yes, I did start that thread and apologies if it seems rude after the excellent advice given here. I was in the hope that a landlord may have been in a similar (or even the same) circumstance.

I should have asked earlier, but having now seen the written agreement I'm even more in doubt. The address written on the signed agreement has a separate 'name' for the building to distinguish it from the main house e.g. Rose Cottage, 20 Meadow Lane, Kendal. The document also refers to the individual as a 'tenant', so the 'tenant must... '.

One thing is certain, and that's whoever said this was a hornet's nest was absolutely right

in_my_wellies

Not doing the repairs is very short sighted of the landlord.

For the sake of getting everything fixed properly, possibly not that expensive, they are opening themselves up to all sorts of investigations which could result in them not being able to let the property, fines, taxes, etc. I would have thought in their situation they would be keen to keep the tenant/lodger happy