Updating post from Reddit.
To keep it short, our landlady lives in the same house as we do. She's a bit older and is usually in a wheelchair. The stairs up to our flat have cameras, which is fair enough!
Recently, we had a friend staying over for 4 nights and when I met her on my way out she asked me who that "extra person" is who is "living with us". She said that it's "a very safe house" and basically that she would like to know who's staying over. In all fairness, one time we gave him one of our keys to let himself in so that might be why. Is she allowed to have us email her about every overnight guest we have?
Another weird thing is that one time I overheard her talking to a mailman delivering parcels and asking "are these flats?" to which she replied "no, it's a house!". But it is flats, there's a couple of them in the house. Is this odd?
Third thing is that we rented our flat through a letting agency but our tenancy agreement was a private looking one. No headed paper. Only struck me as weird when trying to use it as proof of address and it being rejected because it's a private agreement. I even tried to go into the letting company and ask for the agreement on headed paper so I can use it as proof of address but our agent only sent me an email saying something like "this email serves as confirmation that OP lives at the address" followed by the company banner, which obviously is not sufficient proof.
Maybe I'm reading too much into it but that's why I'm asking! Thanks a lot in advance
Do you share facilities such as bathroom and kitchen? If so, you’re a lodger.
If not, then yes it’s kinda sus.
No shared facilities!
Multiple things going on here
Shes probably keeping it below minimum for hmo status. Having guests might mean she needs to register.
She might not have the flats registered for council tax
You could just be lodgers
We don't pay council tax so that adds up
Now you need to be careful because if it is self contained so you have exclusive rights to a kitchen bedroom toilet/shower then it should be registered and you as tenant would be liable for the council tax. Yes the landlord will probably be fined for not notifying the council but you would be the one that has avoided paying it for the flat. It also makes me wonder if it had building control sign off because you might be living in a dangerous property or an illegal hmo of some sort. If your landlord is illegally letting out a hmo you can actually claim back a hefty portion of your rent. However you will also be made homeless as you wont be allowed to continue living there to my understanding.
>However you will also be made homeless as you wont be allowed to continue living there to my understanding.
Wrong. This is not a consequence, the tenancy is still legal and valid even if property is licensable but unlicensed HMO.
It is valid to warn that the landlord may s21 evict as retribution to a Rent Repayment Order (but also that they can't do so 'til the HMO is licensed)(and can't do so within any fixed term regardless).
(Note: above assumes a tenancy - something that remains a little unclear OP has (Vs lodger/licensee))
I think i was mistaken on that but when does an illegal let become one where they are forced out. I seem to remember a tv show where people had let a garden shed out to a polish electrician and the authorities said he couldn't stay. I guess that was an extreme case.
When it isn't fit for human habitation (especially if building work has been done with no planning permission)
Well it does sound like these flats may have been built inside a property with no planning would that not qualify?
Only if they're also uninhabitable. So, changes that are structural and weren't properly signed off, issues with gas and electric, etc etc. If they had no planning permissions but everything was structurally sound, signed off ny reputable tradespeople, the landlord would just be fined and forced to get retroactice planning permission.
Uninhabitable + no planning means hefty fine and possibly rent repayments, and rehousing the tenant.
Okay sounds about right i do wonder if op should notify council tax though as they would be facing bigger issues keeping it quiet and potentially getting caught
That is the council saying 'place is so dangerous no occupant can be allowed to be stay' on health and safety type grounds (prohibition order). Roof is falling down, exposed electrics etc. (that can't be remediated by an improvement order)
It's definitely a thing but unlikely to be invoked here (and when landlady is somewhat resident)
Since we went with a "big name" letting company I can't really imagine that! I'm not looking to be made homeless that's why I'm asking if she's allowed to ask about our guests. I don't want to be thrown out for having someone over
I would be more worried about the council tax you owe as its your responsibility to tell the council you are living in a property and should be paying.
Your are a lodger as the landlady lives in the same house you. So yes she can have you email her daily. Effectively you are a guest in the landlady’s home.
Ask the council if your address is registered as 1 property or as multiple flats.
Do you have your own Council tax account or do you pay an amount of money to the landlady who sorts it out.
Double check the wording on your contract and whether it states tenant or lodger, as it sounds like you could be a lodger and the landlady is avoiding tax.
As a lodger you have less protection so worth double checking.
Are your bills included or shared with others in the house?
The agreement talks about "the tennant", I have checked. We live in an old house that I assume used to be a house to home a big family so the layout is a little awkward. Definitely not your average house with flats. Water bills are included, as is council tax, everything else we share with the studio on our floor. We also have the gas metres in our flat so I'm guessing there's no way of determining how much we've been using and how much our neighbour is using
A tenancy agreement is not a acceptable proof of address as a whole - you want DVLA or Utility Bill.
I woudnt worry about the landlord its probably one of two things.
Your landlord has a neighbour hat on and is worried about there security and yours, seeing strangers walking behind you to the door etc can be a scary experiance for many nevermind older people.
Your landlord is concerned about maximum occupancy regulations, hmo regulations, minimum space regulations, fire and escape and so forth if additional occupants stay in the property. They may also worried that you are subletting, which can be a real headache.
Your agreement should stipulate the maximum time a guest can stay in any single visit over a 30 day period for example. If your internal doors do not have locks fitted it will determine your status as a Lodger with shared accomodations with the Landlord.
Similar principals apply to being invited to a party and the guest wants to take a friend along. It's common courtesy to seek permission from the Host before the Guest takes a friend.
In an accomodation rental agreement for lodgers it's normally standard to detail in writing the duration of stay for lodgers guests. The Landlord occupier has veto if there are no terms set out for the Lodger in any agreement.
Hummm, I'd be doing some investigation work. It sounds dodgy. I wouldn't trust that you're not lodgers and the flats legitimate. The letting agents sound suspicious to. I would 100% be speaking to the council. I don't like the sound of her watching the cameras either that's a bit stalkerish.
To be honest, I'm quite happy not telling the council so that she continues to pay council tax herself haha. but I'm glad you too think it's suspicious, and I wasn't just getting paranoid
I 100% get that, but if you decide to speak up about any issues, you won't have the protection of a proper tenant if it turns out you're a lodger, at least as a tenant to evict you she would need to issue correct paperwork, gas and electricity safety certificates, deposit protection paper work and give you correct notice (2 months). As a lodger, she could give you a weeks notice, and that's it you're gone.
So an old lady who wants to feel safe in her own house, what a monster she is
she might not have planing permission for the property to be split into flats... dosn't mean they don't meet building regs though.
Prob no more than she hasn't got much else to worry about and living in the house means she is a bit overly involved in the coming and goings. but at the end of the day it is your flat to live in in as you please, the AST has given you all the permissions you need.
But if it isn't a big deal and keeps her happy, then why not. (equally if it is then just say no).
I can understand their end lol security reasons and not wanting to be cheated if it becomes a regular thing
Is she your mother ?