lodger's rights

Emily_Joy

I used to prefer to share house with the owner, as in my experience the house will be in better condition then the renter property. The downside is that you have a lodger agreement, not a tenancy, and have less rights. The issues below actually happened to me some years back before I joined the forum, but as I am about to become a (Mon-Fri) lodger again, I thought I will ask where does the lodger stand (legally)...

1. I was at uni and was renting a room, there was no contract, just a verbal agreement. I moved in in early October, the rent was due on the 1st. Around 10th of December, the landlord asked me when I am going home for Christmas. I replied that I am not going, I am staying. They then said that they need the room for their children who will come back from the uni for holidays, and that they rent specifically to students because students usually go home for holidays and they can use the room. I asked whether, if I move out, I can have December rent refunded, and was told "no". The question is - if the landlord is asking the lodger to leave without any reason on the lodger's part, should they refund the rent?

===

2. I was told that I can move in on 11th of September (from memory), because on that day the current occupant is moving out. I have naturally assumed that the monthly rent covers the period from 11th to 10th. Later, when I was moving out on the 7th of January, with appropriate notice, the landlord told me, that the rent is charged per month, therefore I have to pay both September and January rent in full. Is it allowed to rent the same room twice?

===

3. Are there any rules/resources to turn to when it comes to heating issues? Once on a cold winter day, the temperature in my room and in the lounge/kitchen was around 15C and I kindly asked the heating on, the reply was "the heating comes on twice a day, for 1 hour in the morning and 2 hours in the evening, and this is it." Am I allowed to bring an electric blanket/electric heater and use those to heat my room?

_Penny_Dreadful

Emily_Joy said:

I used to prefer to share house with the owner, as in my experience the house will be in better condition then the renter property. The downside is that you have a lodger agreement, not a tenancy, and have less rights. The issues below actually happened to me some years back before I joined the forum, but as I am about to become a (Mon-Fri) lodger again, I thought I will ask where does the lodger stand (legally)...

1. I was at uni and was renting a room, there was no contract, just a verbal agreement. I moved in in early October, the rent was due on the 1st. Around 10th of December, the landlord asked me when I am going home for Christmas. I replied that I am not going, I am staying. They then said that they need the room for their children who will come back from the uni for holidays, and that they rent specifically to students because students usually go home for holidays and they can use the room. I asked whether, if I move out, I can have December rent refunded, and was told "no". The question is - if the landlord is asking the lodger to leave without any reason on the lodger's part, should they refund the rent?

===

2. I was told that I can move in on 11th of September (from memory), because on that day the current occupant is moving out. I have naturally assumed that the monthly rent covers the period from 11th to 10th. Later, when I was moving out on the 7th of January, with appropriate notice, the landlord told me, that the rent is charged per month, therefore I have to pay both September and January rent in full. Is it allowed to rent the same room twice?

===

3. Are there any rules/resources to turn to when it comes to heating issues? Once on a cold winter day, the temperature in my room and in the lounge/kitchen was around 15C and I kindly asked the heating on, the reply was "the heating comes on twice a day, for 1 hour in the morning and 2 hours in the evening, and this is it." Am I allowed to bring an electric blanket/electric heater and use those to heat my room?

1. As your landlord wasn’t going to let you reside in the property for the whole of December you should have received a partial refund for December. 
2. It was not an unreasonable assumption, since the contract was verbal, that your rent periods were 11th to 10th. Your landlord should not be charging you rent for days you could not have been living in the property. Definitely no rent was due 1st to 10th September. January is a little tricker as it depends on how much notice you gave your landlord. E.g. if you gave no notice and moved out 7th January it wouldn’t be unreasonable for some more rent to be due but if you gave reasonable notice, a week in the absence of anything being written down, then I’d say no rent after 7th January was due. 
3. Resident landlord’s house, resident landlord’s rules. If the heating only comes on twice a day, it only comes on twice a day. You don’t have an automatic right to use an electric heater in your room and I suspect that using one would either trigger the resident landlord to either increase your rent or evict you. An electric blanket would probably be easier to hide. 

If it has been less than 6 years since your landlord overcharged you rent you still have time to send him a letter before action and file a MCOL. 

FreeBear

_Penny_Dreadful said:

Emily_Joy said:

I used to prefer to share house with the owner, as in my experience the house will be in better condition then the renter property. The downside is that you have a lodger agreement, not a tenancy, and have less rights. The issues below actually happened to me some years back before I joined the forum, but as I am about to become a (Mon-Fri) lodger again, I thought I will ask where does the lodger stand (legally)...

1. I was at uni and was renting a room, there was no contract, just a verbal agreement. I moved in in early October, the rent was due on the 1st. Around 10th of December, the landlord asked me when I am going home for Christmas. I replied that I am not going, I am staying. They then said that they need the room for their children who will come back from the uni for holidays, and that they rent specifically to students because students usually go home for holidays and they can use the room. I asked whether, if I move out, I can have December rent refunded, and was told "no". The question is - if the landlord is asking the lodger to leave without any reason on the lodger's part, should they refund the rent?

===

2. I was told that I can move in on 11th of September (from memory), because on that day the current occupant is moving out. I have naturally assumed that the monthly rent covers the period from 11th to 10th. Later, when I was moving out on the 7th of January, with appropriate notice, the landlord told me, that the rent is charged per month, therefore I have to pay both September and January rent in full. Is it allowed to rent the same room twice?

===

3. Are there any rules/resources to turn to when it comes to heating issues? Once on a cold winter day, the temperature in my room and in the lounge/kitchen was around 15C and I kindly asked the heating on, the reply was "the heating comes on twice a day, for 1 hour in the morning and 2 hours in the evening, and this is it." Am I allowed to bring an electric blanket/electric heater and use those to heat my room?

 You don’t have an automatic right to use an electric heater in your room and I suspect that using one would either trigger the resident landlord to either increase your rent or evict you. An electric blanket would probably be easier to hide.

You may have rot away with a small (and very quiet) fan heater set to low just to take the chill off. An electric blanket would hardly show in terms of electricity usage - I have a couple of electric blankets here. Rated at 60-100W on maximum setting. When in use, set low, they draw around 20-30W each. The electricity consumption is monitored in great detail, but even so, the blankets barely register. If you had a smart meter and IHD, you'd be hard pushed to tell that an electric blanket is in use.

ThisIsWeird

I'd imagine, in general, all these issues should be discussed before moving in, so both parties are clear about expectations. Heating and rent payment dates amongst points by the lodger, and things like the Xmas issue should have been brought up by the owner, since it was clear they'd require the rooms for their own family at that time.
Understandable that they'd expect most students to return home, but still presumptuous.

_Penny_Dreadful

ThisIsWeird said:

Understandable that they'd expect most students to return home, but still presumptuous.

Not just presumptions but down right cheeky if the landlord also expected the tenant to pay rent for a room they could not use. 

elsien

So moving forwards it’s about having good communication any new prospective landlord so you are all clear on the expectations. I would always ask about heating for example, because I do feel the cold. 

Emily_Joy

elsien said:

So moving forwards it’s about having good communication any new prospective landlord so you are all clear on the expectations. I would always ask about heating for example, because I do feel the cold. 

I have to admit that on that occasion the house appeared to be very well looked with rather expensive kitchen appliances and marble worktops after that the heating issue came as a complete surprise. I am not sure whether I would be able to hide an electric blanket, as the landlord had an habit of coming into my room in my absence to change the bedding for instance. I had to protest to stop that... on another occasion they decided to wash my jeans and accidentally put my phone in the washing machine as well the phone has not survived. So it was all a bit odd.
Edit: I agree that communication is a key, but at the same time we all often go by what we think is a common sense.

Honeylife

Emily_Joy said:

I used to prefer to share house with the owner, as in my experience the house will be in better condition then the renter property. The downside is that you have a lodger agreement, not a tenancy, and have less rights. The issues below actually happened to me some years back before I joined the forum, but as I am about to become a (Mon-Fri) lodger again, I thought I will ask where does the lodger stand (legally)...

1. I was at uni and was renting a room, there was no contract, just a verbal agreement. I moved in in early October, the rent was due on the 1st. Around 10th of December, the landlord asked me when I am going home for Christmas. I replied that I am not going, I am staying. They then said that they need the room for their children who will come back from the uni for holidays, and that they rent specifically to students because students usually go home for holidays and they can use the room. I asked whether, if I move out, I can have December rent refunded, and was told "no". The question is - if the landlord is asking the lodger to leave without any reason on the lodger's part, should they refund the rent?

===

2. I was told that I can move in on 11th of September (from memory), because on that day the current occupant is moving out. I have naturally assumed that the monthly rent covers the period from 11th to 10th. Later, when I was moving out on the 7th of January, with appropriate notice, the landlord told me, that the rent is charged per month, therefore I have to pay both September and January rent in full. Is it allowed to rent the same room twice?

===

3. Are there any rules/resources to turn to when it comes to heating issues? Once on a cold winter day, the temperature in my room and in the lounge/kitchen was around 15C and I kindly asked the heating on, the reply was "the heating comes on twice a day, for 1 hour in the morning and 2 hours in the evening, and this is it." Am I allowed to bring an electric blanket/electric heater and use those to heat my room?

1. First Please don't ever take an accommodation offer without a written agreement!  It means that your landlord/lady can change rules anytime anyhow and it becomes a he said she said very unhappy scenario. The use of the room was not pre-discussed at the time of arrival. If you are living in the room and therefore have your property in the room even if you went 'home for Christmas', it is still not permissible for the Landlord to 'use' the room whilst you are away without a mutual agreement.  If the Landlord offers you a mutually agreed reduction whilst you are away that's fine. But the landlord cannot expect to Use your room when you are paying for it! That's just wrong.  My Lodgers nearly all went away for Christmas and Easter and the Chinese New Year and no one used their rooms. My student child slept in my study/office or on the sofa bed in the living room.  The lodgers' room was exclusively for the Lodger as they had paid for it.  Your landlord is taking the !!!!!!!

2. Again this is the issue with no Written Agreement.  Is the agreed rent per calendar month every week or every four weeks? And what is the Notice period? If you have less than one calendar month's notice then there could be some cause for deductions, but really! Personally, just to match her belligerence, I would stay until the end of January if there was no other way out of that charge. To charge for the full September rent is outrageous!  The occupancy of the room began on the 11th and there is no reason to be charged for the entire month of September or you could have moved in on the 1st of September!  The Landlord is being ridiculous to attempt to collect an additional 3 weeks rent and dare I say is being very unkind! 

As a student Landlord of 20 plus years, my Written Agreement clearly states the occupancy and rent dates are the first overnight in the room with rent is due on that date every following calendar month and that notice given (4 weeks) is from that date.  

3.  Heating is a huge issue for landlords at this moment because of the national increases. The landlord should have told you the limited times of the heat on arrival.  Also, additional heaters can be suspected if not kite-marked and approved. I suspect like myself with student lodgers, she doesn't expect you to be in the house in the daytime. You may not agree with me but I suggest you put on more clothes and prowl around the house with your duvet wrapped around you in a display of "it's bloody cold in here"! My house has 3 hours in the morning and 3 hours in the evening! However, if the outside temperature falls below 2, the thermostat is increased or I can put the heating on all day low It sounds like a lot but my lodgers pay for it.  They are not allowed any additional heaters as I am terrified of House Fires from dodgy equipment.

Thermal mattress protectors.  Hot water bottle.  Fleece blanket (s) over your chair. Hoodies and a high tog (13) duvet. Old-fashioned Sausage draft excluders at the door and window.  Thermal underwear helps.

In future please don't take any accommodation without a Written Agreement and read it thoroughly.  Also, ask about Written House Rules.  

That bit about going in your room is weird and not right!  You are not her child.  She shouldn't be going in the rented room at all unless it's maintenance (e.g. the radiator or window or electric) and she should give you notice before entry.  You are legally entitled to privacy.  I don't provide any bedding for my lodger and don't go into their rooms without notice. Sounds like she hasn't mentally given up the room and still thinks of it as her children's space - except for the money!

BungalowBel

I agree with Honeylife's comments above.  You have paid for your room and no-one else should use it.

When we lived in Spain, our son stayed in the family home and had two lodgers.  When we went to stay there, we slept on a sofa bed in the lounge.  We didn't expect to use the lodgers' rooms.  And that was in our own house.

markin

Honeylife said:

Emily_Joy said:

I used to prefer to share house with the owner, as in my experience the house will be in better condition then the renter property. The downside is that you have a lodger agreement, not a tenancy, and have less rights. The issues below actually happened to me some years back before I joined the forum, but as I am about to become a (Mon-Fri) lodger again, I thought I will ask where does the lodger stand (legally)...

1. I was at uni and was renting a room, there was no contract, just a verbal agreement. I moved in in early October, the rent was due on the 1st. Around 10th of December, the landlord asked me when I am going home for Christmas. I replied that I am not going, I am staying. They then said that they need the room for their children who will come back from the uni for holidays, and that they rent specifically to students because students usually go home for holidays and they can use the room. I asked whether, if I move out, I can have December rent refunded, and was told "no". The question is - if the landlord is asking the lodger to leave without any reason on the lodger's part, should they refund the rent?

===

2. I was told that I can move in on 11th of September (from memory), because on that day the current occupant is moving out. I have naturally assumed that the monthly rent covers the period from 11th to 10th. Later, when I was moving out on the 7th of January, with appropriate notice, the landlord told me, that the rent is charged per month, therefore I have to pay both September and January rent in full. Is it allowed to rent the same room twice?

===

3. Are there any rules/resources to turn to when it comes to heating issues? Once on a cold winter day, the temperature in my room and in the lounge/kitchen was around 15C and I kindly asked the heating on, the reply was "the heating comes on twice a day, for 1 hour in the morning and 2 hours in the evening, and this is it." Am I allowed to bring an electric blanket/electric heater and use those to heat my room?

1. First Please don't ever take an accommodation offer without a written agreement!  It means that your landlord/lady can change rules anytime anyhow and it becomes a he said she said very unhappy scenario. The use of the room was not pre-discussed at the time of arrival. If you are living in the room and therefore have your property in the room even if you went 'home for Christmas', it is still not permissible for the Landlord to 'use' the room whilst you are away without a mutual agreement.  If the Landlord offers you a mutually agreed reduction whilst you are away that's fine. But the landlord cannot expect to Use your room when you are paying for it! That's just wrong.  My Lodgers nearly all went away for Christmas and Easter and the Chinese New Year and no one used their rooms. My student child slept in my study/office or on the sofa bed in the living room.  The lodgers' room was exclusively for the Lodger as they had paid for it.  Your landlord is taking the !!!!!!!

2. Again this is the issue with no Written Agreement.  Is the agreed rent per calendar month every week or every four weeks? And what is the Notice period? If you have less than one calendar month's notice then there could be some cause for deductions, but really! Personally, just to match her belligerence, I would stay until the end of January if there was no other way out of that charge. To charge for the full September rent is outrageous!  The occupancy of the room began on the 11th and there is no reason to be charged for the entire month of September or you could have moved in on the 1st of September!  The Landlord is being ridiculous to attempt to collect an additional 3 weeks rent and dare I say is being very unkind! 

As a student Landlord of 20 plus years, my Written Agreement clearly states the occupancy and rent dates are the first overnight in the room with rent is due on that date every following calendar month and that notice given (4 weeks) is from that date.  

3.  Heating is a huge issue for landlords at this moment because of the national increases. The landlord should have told you the limited times of the heat on arrival.  Also, additional heaters can be suspected if not kite-marked and approved. I suspect like myself with student lodgers, she doesn't expect you to be in the house in the daytime. You may not agree with me but I suggest you put on more clothes and prowl around the house with your duvet wrapped around you in a display of "it's bloody cold in here"! My house has 3 hours in the morning and 3 hours in the evening! However, if the outside temperature falls below 2, the thermostat is increased or I can put the heating on all day low It sounds like a lot but my lodgers pay for it.  They are not allowed any additional heaters as I am terrified of House Fires from dodgy equipment.

Thermal mattress protectors.  Hot water bottle.  Fleece blanket (s) over your chair. Hoodies and a high tog (13) duvet. Old-fashioned Sausage draft excluders at the door and window.  Thermal underwear helps.

In future please don't take any accommodation without a Written Agreement and read it thoroughly.  Also, ask about Written House Rules.  

That bit about going in your room is weird and not right!  You are not her child.  She shouldn't be going in the rented room at all unless it's maintenance (e.g. the radiator or window or electric) and she should give you notice before entry.  You are legally entitled to privacy.  I don't provide any bedding for my lodger and don't go into their rooms without notice. Sounds like she hasn't mentally given up the room and still thinks of it as her children's space - except for the money!

  Its not all totally weird, if you want privacy get a tenancy, If you give them exclusive use, even without a lock on the door they become a tenant.

 Emptying bins or changing sheets weekly is recommended!

Emily_Joy

@Honeylife Thank you. Sometimes written agreement helps, sometimes it doesn't. If you, as a lodger, are away, and and there is no lock on the room door - there is nothing to stop landlord from entering/using the room. Even if there is a written agreement, the only thing you can do is to move out. Since it is not very common to request landlords to provide reference from former tenants, if the price is reasonable, the room is not likely to be empty for too long!

When I confronted my landlady from (3) about entering the room while I am away, she said that this is her house and she just likes it to be clean and tidy. This taken me aback completely. As a child, I was not allowed to enter my parents room without knocking and when they are away. When I was about 12, I got my own room, which my parents would not enter without knocking either.