Lodger agreement landlord moving out

CAshley123

thanks @propertyrental

I do feel however that i did not agree to a AST so don't see how i automatically get singed onto this without me agreeing the terms of the change?

I agree her debts are not my concern however if she lose her house then unfortunately this affects me and my deposit.

I shall look at the link. Thank you

propertyrental

CAshley123 said:

thanks @propertyrental

I do feel however that i did not agree to a AST so don't see how i automatically get singed onto this without me agreeing the terms of the change?

I agree her debts are not my concern however if she lose her house then unfortunately this affects me and my deposit.

I shall look at the link. Thank you

As I said, whether you are a lodger (legally, an 'Excluded Occupier') or a tenant is a matter of statute law (Housing Act 1988) not contract law. Statutes over-rule contracts.

So your agreement or otherwise, whether in discussion or in the contract you signed, makes no difference. If you do not share the property with your landlord you cannot be a lodger, so by default you are a tenant.

If she loses her house you will have minimal protection (2 months as per the link). The new owner (eg the bank) will become responsible for your deposit.

CAshley123

Thank you for the clarification 

It does seem strange as the websites I've viewed such as shelter and citizens advice state there are differences between the contracts, hence why I was confused. 

Does seem harsh I'm being forced to stay under circumstances I did not agree to or sign up from though.

I also fear she will not inform me she is loosing the house as she's told me 2 different dates she will start missing mortgage payments from. Unf it's difficult for me to move again after just moving. Costs and time off work which I struggle to get in my line or work, also along with looking for a new home. I would have to rely on her telling me she's lost the house. She's massiviiin denial and isn't even looking for a new job. 

This again another reason if able I want to leave before the break clause. 

But if you say I will automatically go onto an AST I can't.

She's no idea about the DPS. I did tell her she needs to do it for the new tenant if she finds one. But she's didn't seem to be aware what it even was. 

noitsnotme

If the property does eventually end up getting repossessed by the mortgage lender it will be a very long process to get to that point.  Probably won’t happen during your remaining term.  Almost certainly won’t happen before you can invoke your 6 month break clause.

[Deleted User]

What did she say when you informed her you are moving out?

caprikid1

I highly doubt if she stopped paying her mortgage you would be kicked out before the break clause, it might be far better for her to let the house as a whole house so it may suit her for you to be flexible and move out.

It feels like she is in difficult situation and you are looking to make it worse, show compassion and talk to her about your concerns.

As has been stated unfortunately nothing has really worsened from a legal perspective and you may find sharing with someone not the landlord may be far nice as you will be equal / you will be the existing tenant IE best room etc.

CAshley123

Thanks all.

@caprikid1 I have most definitely not made it worse, she has even thanked me for understanding her situation and being compassionate. She was not transparent with me when i moved in she was in such debt and struggling. She continues to spend money and not looking for work and lazing in bed all day. I have tried to help her find work/search online for her. discuss benefits with her and even set up the advert for the new tenant. She told me she's wants me to run the house and doesn't want to let the whole house as she knows how well i look after the property and doesn't want just anyone renting it without making sure its well kept.

I feel I've been put in a very unfair position and have been extremely kind to her

@noitsnotme thank you for this. I guess if it takes that long i will be able to leave during my break clause. I have been looking online to see if she has filed for bankruptcy, but only shows last 3 months. So i will keep an eye out.

@[Deleted User] She sent me a text asking if i knew anyone i wanted to live with and that i would be managing her house. That was the first i knew about it. It was a shock and not a great text to receive to be honest but i was kind and spoke to her, its only this week I've realised what a mess she is in and how close to loosing the house as she's clearly depressed and in denial. She stays in bed getting take out all day and even though she says she's moving out she says she has no where to go. This is why I'm so worried as she clearly has no idea what she's doing and she's still applying for more loads  

newsgroupmonkey_

Providing she ponies up to her mortgage lender and is honest, it'll be a year or more before they even consider repossessing.
Particularly if there is a decent amount of equity. Repossession is honestly the last thing that a bank wants to do.

Moneyhelper suggests if you've got good payment history, there's no reason why you won't get a 12 month payment holiday.

CAshley123

Thanks @newsgroupmonkey_

She's told me her business is over 60k in debt. Also she's told me she owes thousands personally, to banks, credit cards, loans and family, she said she cant get any credit that's why she dissolved the business and her over draft is 5K over drawn, all this she has told me without me even asking.

To be honest i wouldn't be surprised if she's missed any mortgage payments already. Its good to know it will take about a year though. I'm sure the house has a lot of equity. she told me she's been there 10 years and its London Zone 3. so that's really good to know.

Again thanks all. any and all comments are appreciated