View Full Version : Resident Landlords

29-11-2005, 19:12 PM
Advice needed please.

I rent a room and my contract will expire after Christmas. My contract says "Resident Landlord". However, having read the legal definitions of a resident landlord, I can say that he most certainly is not one. He has spent one night at the property in 6months, his correspondance does not come here, he hasnt got his own room (he stayed the night in another tenants room as she was away) and none of his possessions are here except the furniture (eg no food, toothbrush, that sort of thing). He basically doesnt live here and never has during my tenancy but he is lying about it for various reasons.

Anyway, I think he has sold the property because a surveyor turned up and let it slip that he'd sold it. And I saw some paperwork. The landlord denies he has sold it. He wont tell us the truth.

My queries are 1. Once my contract has expired, what rights do I have re eviction. I dont have a prob leaving, just want sufficient notice. 2. just cos he says he is a resident landlord, does this mean that legally he is? And if not, if he has lied, does it make the contract invalid?

Thankyou in advance.

29-11-2005, 19:57 PM
Consider these points then make your decision:

Is your landlord registered for Council Tax at the property? No! He is NOT a resident landlord.
Who occupies the rest of the property? Other tenants?
Do they all have individual tenancy agreements?
The definition of a tenancy is "exclusive possession" i.e. excluding anybody else, so are there "shared" facilities such as kitchen & bathroom, and you just have your own bedroom?
It is up to the owner/landlord to prove you are only a lodger, you don't have to prove if you are a tenant. What counts is what action has been done in law, not what the owner/landlord thinks he has done or what he wants to believe.
If you are a tenant, and the ownership has transferred, the new owner must legally inform you in writing within two months of the purchase that he is your new landlord.
If you are considered to be a tenant, and there is no wiritten agreement then your rights of occupation are impoved considerably.

29-11-2005, 20:47 PM
Thanks for replying, it makes it seem clearer.
He does pay the council tax, he pays all the bills as our rent is inclusive of bills except 'phone. There are several other tenants, all have the same agrrement as me but seperately.
I think he has given us this contract as it gives us less rights.

29-11-2005, 22:21 PM
What matters is not what it says in your contract, but what the situation actually is. I'm not sure it matters about the council tax either. I would think you have an assured shorthold tenancy,in which case the landlord will have to give you at least 2 months' notice.

29-11-2005, 22:38 PM
Thanks. The landlord told one of the other tenants he would give 2 months notice (although he still wouldnt admit what was actually going on)but hes the kind who talks in circles and changes the story all the time. Im concerned about being chucked out on the street the day my contract ends or that he would change the locks. If he sold it or had it surveyed this week, is it likely that it would still take a month or more to complete it all?

30-11-2005, 13:42 PM
He can't "chuck" you out - he must use due process of law!
If he changes the locks, break back in (that's legal) and just contact Pain Smith solicitors from the home page or to the right of the forum pages and they might just be able to get you a tidy sum from your landlord if he does - and I mean four figures plus!