Lodger agreement landlord moving out

CAshley123

I moved into a property and became a lodger in February this year 2024. The landlord has now told me she's lost her business and to keep the house she's moving out and will rent out her room. I have a 1 year lodgers agreement contract with a 6 month break clause (which will be Aug 28th). If my landlord leaves the property i will need to change over to a tenancy agreement. However my question is is she breaking our original agreement by leaving the property and making me live with another tenant which i did not sign up for? Dose she have to honour the contract i have or by breaking the agreement terms mean i am able to leave as she has broken the terms of our agreement? Also I'm concerned as she no longer has a job and informed me she owes thousands she may miss mortgage payments and i may have to leave if the house is reprocessed. Any advice much appreciated.

theartfullodger

It probably becomes an AST tenancy: But without your landlady having set it up as such she'll not have the paperwork to permit her to evict using s21..

See, from the experts,....
https://england.shelter.org.uk/professional_resources/news_and_updates/tenant_or_lodger

"""" ...... 

The departing landlord

What about the opposite scenario? A tenant has a resident landlord who stops living there as their only or principal home part way through the tenancy.

The first set of rules, covering a landlord in the same building, cease to apply if the landlord does not live in the property throughout the tenancy. The tenancy could become assured shorthold if the landlord stops living there and the other conditions are met (the tenant has exclusive possession of identifiable premises). A new agreement is not required.

The second set of rules, covering landlords who share living accommodation, apply if the landlord is resident when the occupation starts and when it ends. An agreement could move in and out of exclusion from the Protection from Eviction Act if the landlord left temporarily and then returned. This situation would arise if another factor meant the agreement could not constitute an assured or assured shorthold tenancy. For example, if the lack of exclusive possession meant it was a licence. ..... """""""

CAshley123

Thank you @theartfullodger. My concern is she wants me to stay and continue to live there but as a tenant. I wanted to now if that means as she has broken the agreement by leaving the property does this mean my lodger agreement is broken. As she has change the original agreement as i did not signs a tenancy and now i must live with someone i may not like. Dose this mean she has broken the agreement which she cant as we have not reached the break clause. or dose this invalidate the agreement and mean i have the option to leave if i wish without breaking the lodgers agreement. Technically as we have not reached the break clause and i have not agreed to the change in the contract she's broken the agreement terms, am i correct? Or as she's the landlord she can do as she wishes?

theartfullodger

I am not a lawyer  You have (presumably) a written agreement (dates, rent, premises rented etc) which will operate (if it does become an AST - not her, your or my decision) as an entirely valid tenancy agreement.  You need do nothing.

However if you want a new set of documents, fine. 

CAshley123

Thank you i really appreciate your advice @theartfullodger

I think we are mis communicating as to what I'm asking. If she's broken the terms then i do not have to agree to an AST and can leave before the break clause in the lodgers agreement as the lodgers agreement has been broken by her?

Also if anyone can advise about if is do stay the risk or reposition of a property if i have a AST (if i decide to stay)?

Thanks everyone, i really appreciate any advice. I've struggled to find anything online regarding my situation as I'm aware its not black and white.

caprikid1

"break clause in the lodgers agreement as the lodgers agreement has been broken by her?"

Surely she agreed to let you a room at a price and that can continue ?

As a tenant your rights can only improve with the current situation.

Have you spoken to the landlord ?

CAshley123

I have a 1 year lodgers agreement which started feb 28th with a 6 month break clause.

the agreement is that i live with her as a lodger. If she moves out and lets her room my agreement changed to a AST and i have to live with someone i may not like. therefore I'm asking is she not breaking the terms of my agreement by moving out. surely i cant be made to sign a AST just because i have a lodgers agreement in place. as i say legally i cant leave until August when the break clause is in place.

Yes she told me she's lost her business and she's letting out her room. of course I've said okay as i didn't think i had an option, but now thinking about it she's broken our agreement which means i surely can leave before the break clause if i wish without repercussions. Also by her breaking the agreement if i do not consent is she breaking the law as breaking the contract agreement.?

I'm a lodger not a tenant so this is the complication

Also as she's lost the business and worried she's going to lose her house, hence why she's leaving and looking for a tenant to take/rent her room I'm worried as she may lose the house and then leave me in a position where I'm kicked out due to repossession. hence why I'm considering leaving as i feel I'm in an unstable situation

markin

If she had a limited company then she will be fine, look up her name on company house

nicmyles

Have you just told her you don't want to live with a random tenant and that you want to move out? It may not come to actually looking at the legal position, you moving out would mean she could rent out two rooms to eg some friends who want to share and broaden her market/increase her income.

CAshley123

Thanks all,

She's been kind and said she will get someone we both agree on, but no ones actually applying to rent for the room and as she doesn't have a job and is thousands of pound of debt i recently found out, that she will miss mortgage payments if she doesn't from June if she doesn't find someone.

This again is why I'm worried about signing a new contract as she's so in debt she still may lose the house. I also doubt ill get my deposit back as I'm sure she's spent it, deposits don't need to be protected for lodgers.

She isn't always truthful with me and then slips up during conversations and lets slip the truth, or what i believe to be. Hence is it possible i can leave early if she's breaking the terms of our agreement. surly i cant be forced to change onto an AST and if she's not living there I'm not a lodger. This is what makes me think i could leave as she's broken the agreement. Also, although i wouldn't I'm not sure what legally i could claim as she's broken the agreement

propertyrental

Your change of status from lodger to tenant is automatic. It happens based on the actual circumstances (ie whether sharing with LL or not) not on any paperwork.

The contract you have (12 months, agreed rent, Break Clause) is still valid and both you and she remain bound by it unless/until you both agree to change it.

Her moving out simply changes it to a tenancy (AST) with all the protections that provides you, and all the obligations that gives her.

As for her debts, these are not your concern, though you may wish to read:

Post 6: Repossession: what if a LL's mortgage lender repossesses the property?

Re your deposit, when you become a tenant, she should protect it. If she does not she becomes liable for the penalty of up to 3 times the deposit.