Lodger for 17 years now a problem

BarelySentientAI

artful, you are well aware of the difference between "threatening to dob him in unless he does what you want" and "a duty to inform the relevant authorities".

user1977

Besides, I doubt the landlord having to pay some tax will make a difference to their decision to kick the OP out.

Schwarzwald

jamesobrien said:

...I paid always in cash ,usually 6 monthly as he was fine with that. I don't think he declares anything at all to anyone.

doesnt seem to have bothered you for 17 years, how come it bothers you now?
and we all trust you are declaring your online business fully to HMRC, right?

jamesobrien said:

...What I am worried about most is how much notice I should get as nothing is in writing....

sounds about time to get something in writing, after 17 years of opportunity ....

jamesobrien said:

tacpot12 said:

The "Rent-a-Room" scheme allows home owners to earn £7,500 a year without having to declare the income to HRMC. 

I was hoping might be some professionals on here.

if you want professional advise, pay a professional.
if you want free advise, expect mixed results.

also, the advise for both depends on your input. so far your input has been rather poor and lacking for relevant information.

jamesobrien said:

tacpot12 said:

The "Rent-a-Room" scheme allows home owners to earn £7,500 a year without having to declare the income to HRMC. 

Wrong.  (a) Has not always been £7,500  (b) Running a business/company takes it outside of that ..

what kind of business is that? if it is rather "sleeping in one room, working from another", i doubt that makes a difference.

Myci85

Surely if you have been given the heads up that you will need to move out 'soon', take that as your motivation to start to look for alternative lodgings. If you've lived there trouble free for 17 years, why would you want to sour a perfectly good relationship, especially if they are potentially giving you more notice than they need to.
Our landlady gave us a heads up a while back of her intentions to sell 'in the next few years', and after living here happily for 15 years, instead of start to look at on what technicalities we could avoid/postpone the inevitable, we thanked her for generously giving us over a years notice rather than the required 2 months, and put in place our plan for what to do next. 

[Deleted User]

HMRC might be equally interested in where the cash has been coming from for the last 17years. Finding a new landlord who is happy to accept cash and willing to have an 'at home business' running from their property might prove to be a trickier problem!

Grumpy_chap

The pragmatic thing the OP needs to do is to start thinking about how and when they might be able to move to alternate location(s) for living and for running their business.  That may be one location, or it may be two separate locations.

If the LL has been polite in simply indicating their intent for a non-defined timescale, then it is probably worth keeping on friendly terms.

The legal position is that a lodger has very few rights.  The situation with regard to "running a business" from a second room may change that, but it is not clear based upon the information shared. 
Does the OP have a lodger's agreement for one room plus a separate agreement between their business and the LL for the second room?  
Does the OP simply have a lodger's agreement which covers both rooms, and the second room added informally?
Given the OP says there has never been any written agreement, I would be minded to suspect that the OP just has the second room all on an informal basis, so lodger's agreement at best.

newsgroupmonkey_

Out of interest, are we convinced this person is indeed a lodger?
No locks on the doors, shared kitchen, that kind of thing?

_Penny_Dreadful

jamesobrien said:

I have been in a Lodger in house with Landlord and 1 other lodger for 17 years. There has never been a written agreement was all verbal ,plus I paid always in cash ,usually 6 monthly as he was fine with that. I don't think he declares anything at all to anyone.

I have 1 bedroom for myself and a separate room which  use for running my business online.  Does that make a difference to my position as regards my status as Lodger ?

Clearly over 17 years I have accumulated a lot of stuff and have my own phone number and line / plus internet connections installed.  What I am worried about most is how much notice I should get as nothing is in writing.

In lieu of anything in writing your resident landlord is legally required to give you reasonable notice. What is reasonable? A rule of thumb could be notice the same length as your rental periods so if you pay rent monthly then one month’s notice would be reasonable. The notice doesn’t have to be in writing. 

As an excluded occupier your landlord does not require a court order to evict you. Your landlord has given you the heads up so in your shoes I’d get looking for new accommodation. 

ETA…

I’m not sure how this thread has descended from excluded occupier notice periods to tax evasion. I doubt the OP has intimate knowledge of the resident landlord’s tax affairs. 

GDB2222

theartfullodger said:

Re """  But, I strongly advise against threatening to dob him in unless he does what you want. That can land you in court.   """"


Explaining politely and calmly (ideally in front off witnesses ..) that you are minded to inform the authorities of his income is very unlikely to lead to court.. If it's all been above board and honest, no problem for anyone.  Who (or what ..) is going to take someone to court, and on what charge please??

I know from personal experience that informing HMRC can result in action (change in someone else's - not mine.. - tax code..., with request for more evidence..).  Met him again later in hospital.. 

Surely all citizens have a duty to inform the relevant authorities is suspected fraud..??

I entirely agree that the OP should inform HMRC of the suspected tax fraud.

However, what I warned against was blackmail. You know perfectly well that that is an offence, but to quote the CPS:

Section 21 TA 1968 creates the offence of blackmail. The offence is committed when a person with a view to gain for themselves or another or intending to cause loss to another makes an unwarranted demand with menaces. Dishonesty is not an element of the offence.

Clearly, telling the LL that you intend to inform on him is fine. Telling him you will do so unless he lets you stay on as a lodger is blackmail. 

As the CPS says:
Blackmail ... carries a maximum penalty of 14 years' imprisonment.

Mr.Generous

As the CPS says:
Blackmail ... carries a maximum penalty of 14 years' imprisonment.

That might be the answer! Can you run a business from the cell next door?

OP - did you think the arrangement would continue for ever?

Do you have proof of the rent paid?

Do you know landlords tax situation?

Where do you want to live - the landlord doesn't want you there but you want to stay??