Am I an excluded occupier?

[BlackCat12]

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.

[charitynjw]

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......)

[BlackCat12]

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.

[charitynjw]

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.