• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Am I an excluded occupier?

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Am I an excluded occupier?

    Hi there,

    I recently moved to a flat where I'm renting from someone who told me they owned the property. We have a lodger's agreement, in which he calls himself the landlord. However, I found out today that he doesn't own the property, his parents do. Should I still be classified as a lodger (excluded occupier) or a subtenant? Thank you.
    Tags: None

  • #2
    Hi

    Just to clarify, is the son a (mesne) tenant?
    (Ie, does he have tenancy rights re the property?)

    & does the son live in the flat as well? (I would anticipate your answer to be 'no', but just to dot i's & cross t's......)
    Last edited by charitynjw; 24th February 2019, 18:11:PM.
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Originally posted by charitynjw View Post
      Hi

      Just to clarify, is the son a (mesne) tenant?
      (Ie, does he have tenancy rights re the property?)

      & does the son live in the flat as well? (I would anticipate your answer to be 'no', but just to dot i's & cross t's......)
      I'm not sure about tenancy rights, but the son does live there. They told me that since he lives there and it's his flat, that we would have a lodger's agreement.

      Also just to be clear, I haven't spoken to the actual owner's of the flat. And I found out the parents own it, not the son, by going on the land registry website.

      Comment


      • #4
        Originally posted by BlackCat12 View Post

        I'm not sure about tenancy rights, but the son does live there. They told me that since he lives there and it's his flat, that we would have a lodger's agreement.

        Also just to be clear, I haven't spoken to the actual owner's of the flat. And I found out the parents own it, not the son, by going on the land registry website.
        My guess is that you are therefore an excluded occupier.

        Sharing accommodation with resident landlord's family member


        The occupier will be excluded also if the accommodation (defined as above) shared is with a family member of the resident landlord.

        See the 'Shelter' link below.

        http://england.shelter.org.uk/legal/...luded_occupier

        It might be worth contacting Shelter re the tenancy agreement which the son organised.
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment

        View our Terms and Conditions

        LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

        If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


        If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
        Working...
        X