Lodger for 17 years now a problem

Bookworm105

newsgroupmonkey_ said:

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

your understanding of what makes a lodger into a lodger is greatly lacking 

newsgroupmonkey_

Bookworm105 said:

newsgroupmonkey_ said:

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

your understanding of what makes a lodger into a lodger is greatly lacking 

I beg to differ. You're new here aren't you.

"Locks on doors and rights to space

Whereas a tenant owns the space they rent for the period of their lease, a lodger doesn't have exclusive use of any one part of the property. That usually means no locks on doors. This is an important point. Lodgers can understandably feel like they should be allowed a private space with a lockable door, but that can potentially change the agreement into a tenancy, which it's unlikely the landlord will want to do as evicting a tenant is a far more complex process."

https://blog.spareroom.co.uk/lodger-vs-tenant/

Grumpy_chap

_Penny_Dreadful said:

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. 

I think that has derived directly from the OP:

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.

ReadySteadyPop

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 . I was hoping might be some professionals on here.

Could Citizens Advice help?

user1977

ReadySteadyPop said:

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 . I was hoping might be some professionals on here.

Could Citizens Advice help?

I don't think their remit includes advising small businesses.

Herzlos

What's the nature of the business; are you actually trading from there, or is it more of a home office space?

In any case, the best thing to do is start looking for somewhere else and keep the landlord updated, they may be happy waiting a while if you're actively looking and making progress. Presumably if you stay on good terms they can give you a reference too.

propertyrental

I can't comment on the implications of the business, certainly not without a lot of further details.

And the 'dob him in'. Tax 'blackmail; is best avoided.

The ideal solution is to sit down over tea and cake and reach  a mutually acceptable agreement. However:

Despite lack of paperwork, and payment by cash, a contract exits. You pay an agreed rent and in return get agreed home/access to.... whatever room(s) was agreed. Therefore a contract exits.

Almost certainly not a tenancy (though whether you have 'exclusive use' of a room eg lock on your door may be relevant) therefore an 'Excluded Occupancy; (= excluded from tenancy laws).

So... notice on such a contract? In the absence of an agreed notice period, then 'reasonable notice' applies. This is usually dependent on the rental periods:

weekly rent = 1 weeks notice

monthly rent = 1 month notice

Quarterly rent = ... you get the picture?

Whether a court would deam 6 months notice by LL as reasonable where rent is paid 6 monthly only a court could decide (unless someone knows of a precedence?).

And of course evidence of the 6 monthly payments might be needed (bank statements?)

But as above, mutual agreement is best.  Do really want to spend(say) 6 months living with someone who is determined to evict you?

_Penny_Dreadful

Grumpy_chap said:

_Penny_Dreadful said:

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. 

I think that has derived directly from the OP:

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.

How does that demonstrate that the OP knows anything about the resident landlord’s tax affairs? All the OP has said is that they don’t think the resident landlord declares anything to anyone. That’s not the same as knowing exactly what the resident landlord is declaring to HMRC. Does the OP know their landlord’s tax code or has the OP ever seen the landlord’s tax returns? I doubt it. 

There is a lodger whose resident landlord would like gone in the not-to-distant future. All this talk of reporting the landlord to HMRC is not going to stop the OP from being evicted. If I were a resident landlord and the lodger came to me with such threats that eviction would be accelerated. 

alri08

I read that tax comment as the OP trying to show the landlord is a bit dodgy. Which may well be true (we'll never know) but doesn't give OP any more rights as a lodger.

Baldytyke88

theartfullodger said:

Regarding eviction of lodgers see here (assuming England - is it??)
https://england.shelter.org.uk/housing_advice/eviction/eviction_of_lodgers_and_other_excluded_occupiers


As long as your landlord has been genuinely living in the same building (apart from hols, hospital etc etc ) you are a lodger and easily evicted... 

Your landlord needs to give you reasonable notice, what tax is paid by the landlord is irrelevant. After 17 years, I am sure the OP has been receiving mail, so there is a paper trail of him being a lodger.

The landlord has told you of his intentions, which is very reasonable, you need to speak to him to get a better idea of his plans.

Tenants with a contract only get 6 months, you could ask for a months written notice. Just keep on friendly terms and ask to be kept informed.