Tenant or lodger?

[berns333]

Hi
I woild like some advice as I am having issues with my landlord. Thry think I am a lodger and I believe I am a tenant.
I replied to an advert on spareroom where they were advertising a room to rent stating they are a live in landlord and work away a lot.
I liked the house and so it was agreed for me to rent a room no formal agreement was given just a verbal agreement. I have lived alone in the house for the last 8 months and it became obvious pretty soon after moving in they do not live in the property and live elsewhere. The rent included all bills and I was having problems with the landlord not providing enough gas for heating.

I was doing a bit of research and realised I am most probably a tenant, however I am not 100 per cent. Firstly I would be grateful if anyone knows the law in this area confirm my thoughts. Secondly there is confusion as to whether I am a tenant of the room I rent or the whole house as it is my understanding is having exclusive access is the key.

There are other issues however these will not apply if I am a lodger. They are very difficult to deal with and I need to know or be sure of my position.

Thank you for any advice in advance

[dslippy]

The primary test is whether you have exclusive possession. Who else lives there?

[berns333]

Hi thankyou for your reply

no one else lives here only me.

[islandgirl]

what has prompted the enquiry? Do they want you to leave?

[berns333]

they have threatened to evict me because I refused to sign a lodgers agreement and the landlord turned up without notice and stayed in the property for 8 days and was threatning and bullying me to sign this agreement. They are now saying that i agreed to an increase in rent and that I am in arrears and are saying that they are coming to stay again where I presume that visit will result in much of the same. I am trying to get firm answers that I am indeed a tenant so I can instruct them that staying at the property is not allowed and that they must follow the correct procedures.

[dslippy]

You appear to be an assured shorthold tenant. Tell them that and that harassment is an offence, aand that you will report tem to the LA.

[berns333]

I have already done that and initially the LA responded positively. They have told the landlord this but they have ignored it. The person from the LA has now left and all others that I have spoken to have are saying they will not get involved untill I get an eviction notice.

The LA have muddied the waters so to speak by saying there is no agreement on paper and they cant confirm the arrrangenent.

I know the landlord has been in touch with the LA and they have said to them what they have said to me now the landlord thinks they can carry on as before.

Its quite a nightmare to be honest. I am trying to deal with it and I am not getting much help from the authorities

[efpom]

https://en.wikipedia.org/wiki/Street_v_Mountford

[berns333]

perfect Thankyou

From reading street vs mountford I am now sure I am a tenant, however it is still unclear to me if it is just the room or the whole house.

The issues with the landlord saying I am in rent arrears as I understand is non existent as they have not followed the correct procedures as in issuing a section 13 and only raising once a year. Again I would be grateful if my understanding could be validated.

[Crazy council]

In my opinion

Your a lodger, I am in exactly the same position as your LL, i rent rooms in my house, its registered as my main home, but i dont live there mostly, but i do have a room.

Approach this carefully, as a lodger ( not tenant ) with a live in landlord, they can just kick you out.

[berns333]

Hi Thank you for your reply.

I would be grateful if you could explain how it works as I have been told that the landlord needs to physically live in the property.

[Crazy council]

The LL just needs to keep it as his main address and insure it properly.

you have answered the main point yourself

Quote "The LA have muddied the waters so to speak by saying there is no agreement on paper and they cant confirm the arrangement."

Add them two points together, your a lodger

Tenancy contracts are not just agreements, there contracts in law and give protections, for both sides, but being a lodger is a lot different.

[berns333]

Thankyou for your reply, however I have to disagree.

Your suggestion that all the landlord has to do is have a rental property as their main address is absurd.

It matters not what the agreement is be it on paper or verbal. Thats the whole point of the Street vs Mountford case.

Go troll somewhere else.

[Crazy council]

hi

its not all the LL has to do, i was just trying to explain it in terms you would understand easy.

These are the important points

Your not on a contract
You dont have exclusive use or access of the property
The property is not a one bed/room property
The owner has on occasion stayed there, and prob has a room with there stuff in
Your not liable for services

The above are some of items that would show your a lodger and an excluded occupier

there are other things that would affect it.

If there were 2 or more tenants, it could be classed as a himo......
If it was previously a rental property ( himo ) and the landlords formal address is a different property...

I understand you feel under presure , its hard being in that position,,,
My advise is be reasonable with you current LL. read the following, becuase you landlord probebly doesnt realise he can just evict you without court or much notice.

https://england.shelter.org.uk/housi...uded_occupiers