HMOs and my rights as a tenant?

[Mago]

Hi,
futher to my posting yesterday,Bedsits/HMO/Health and Safety Regulations,
my landlord has informed me that I will have to allow tenants living above my ground floor flat access to the following, washing machine,tumble dryer,garden and my secondary toilet,which is located in my conservetory,(such access means that the tenants would have to pass through my living room,kitchen. I stated that I would not allow this,my landlords response was as follows. I am going to issue you with a tennancy agrement that states that the above is a condition of your tennancy and if you do not like it you can go else where,I replied that as you completed and signed a Housing Benifit Form (stating that I was living in a self contained flat,that all the aminites of the ground floor flat were mine and that I did not share with any other person in the household you can not do this,the reply I received is as follows. I will go the The Housing Benifit Dept.,tell them that your circumstances have changed. I stated that this could not be done and that even if it were possible The Benifit paid would be reduced accordingly,my landlords reply,(if the benifit paid were reduced,you will have to make up the differance out of your own pocket.)

Any advice received would be most helpful as this is causing me untold worry.

Thanks

[Poppy]

Before anyone can give you anything approaching a considered answer you need to tell us something.

Is your dwelling self-contained? What I mean by that: do you have your own lockable entrance giving just yourself access to your dwelling? Additionally do share any amenities such as a bathroom, kitchen, lounge with unrelated people?

(BTW, I think you mean H M O - Houses in Multiple Occupation. Amend your original post please so that it can be accurately searched by other people like yourself.)

[Mago]

Hi Poppy,
I have tried to ammend several times but the heading still appears with the mispelling.

As for your questions,my flat was recently veiwed by a Housing Officer (Rent Assement) and was considered to be self contained,the flat comprises of,1 bedroom/study lockable door,the bedroom is accessed via the communal hallway,
1 bathrom off the communal hallway, access,through a lockable door to 1 living room,one kitchen,1 conservetory/toilet,1 garden is gained through a lockable door off the communal hallway. My problem is that my landlord is insisting that I allow other tenants to walk through my living room/kitchen in order to use the washing machine/tumble dryer/toilet which are situated in the conservetory,my landlord has now stated that the garden is for the households use and that I must allow access,dispite stating on a Housing Benefit Form that the flat and garden was for my sole use of.

I suspect that the next move will be me being told that I will have to share my kitchen.
I beleive that my landlord is making an attempt to comply with MHO Licence Regulations at my exspence. I have objected to the above situation on numerous occasions,my landload replys,I am issuing new tennancy agreements in April and that if people do not agree with what is written in the agreement,they can f**k off.

I am sure that this is not right,but I am not aware as to what rights the landlord may have to impose the above on me,nor to what my reaction should be?

Thanks in advance for any advice given.

[pms]

Does it say on your tenancy agreement that the flat is for your use only.If it does then you are protected by law.I suspect here that your landlord is being a little bit "dodgy" and is trying to say one thing but mean another.What is the layout of your flat can you be more specific.Do you pay council tax or is that added into the rent.There are many factors here but until we know all the facts we cannot advise you.

[Poppy]

Please share with us whether you have council tax/gas/electric/water bills for your particular dwelling as distinct to the whole building.

[Mago]

Hi,
My tenancy with my landlord was verbal it was agreed that my flat was seperate from the rest of the house,ie bedsits. The landlord stated on my HB Form that my letting consisted of 1 bathroom,1 bedroom,1 living room,1 kitchen,1 other (which is a conservetory,)1 toilet and a garden it was stated on the HB Form that my letting was not shared with any other person residing at my address. The landlord tells me that he confirmed in person (with The HB Office,)that my flat was self contained.I have since been told that as I have been in my flat for 6mths come April,that I will be issued with a tenancy agreement which states that I must allow 5 other people living in the dwelling access through my door which is the entrance to my living room,kitchen at any time that they choose,to make use of the washing/drying facilites and that they be allowed full use of the garden,as it is not for my sole use of.

My Council Tax,Heating,lighting etc is included in my rent.

My landlord called this morning to collect rent due from the other residents. I again retiterated that I was not happy with the situation. I stated that through doing some research,that as I was given the keys to my flat and as the rent is paid on a regular basis,that I am in legal possession of my flat and as such I am entitled to privacy and the right to the enjoyment of my flat without the interuption of a procession of people entering and leaving my flat,(during the weekend just past there were 15 incidents of persons coming through/leaving through my living room/kitchen. I stated to the landlord that to the best of my knowledge that the law as it stands,does not allow for my home to be treated in this manner,the reply I received was as follows,this may be the case but there are ways around the law and if things are not sorted out in the near future to my satisfaction,I wiil sell the house and where will you go then.

I realise that age should not be brought into the equation,as every one has equal rights,but I am starting to get the impression that as I am a pensioner,my landlord is starting to play on the fact that I am feeling very vulnerable and that for the ske of a quiet life that I will agree to his demands.

Once again many thanks to every one who has replied to my posting.

[Poppy]

Have been thinking about this for a while.

It doesn’t sound like my idea of a self-contained dwelling. It’s does not have it’s own utility supply and it’s not registered for council tax.

Sure, the housing officer may regard it for housing benefit purposes as self-contained - but that ain’t the whole story and they could be wrong and/or change their minds.

Moving on. When did you first move in? This will determine the type of tenancy agreement you have.

You say that the landlord and yourself agreed that your rooms (I really can’t say self-contained flat) were for your use or separate from the rest of the house. He can’t go back on that agreement.

At the end of the day (depending on the type of tenancy agreement you come within), I think your landlord will end up evicting you and will then be free to run the property as he wishes.

Mago, I'm sorry that you are unhappy. Perhaps you should consider looking for something more suitable let out by a professional landlord.

[Mago]

Poppy,
once again many thanks,
I have been at my current address for several years,I had an assured short hold agreement. I was letting a large bed-sit at this address,my landlord passed away in September of this year shortly afterwards my current landlord inherited the property which had belonged to his brother. I was offered the down-stairs section of the house,(the area where the deceased had lived,the Council HB Office were duly informed in a letter which stated that a new landlord had taken over,that my tenancy would be continued and that I had been offered my current accomadation.)
I would question as to or not the landlord can evict me as things stand at the present time the reason being as follows.
My landlord is either unaware of the new MHO Regulations coming into effect on the 06/04/06 or is chosing to ignore the same. I believe that after this date a landlord who has not obtained an HMO licence,cannot evict any one until such required licence is in place. Please advise.

[Poppy]

I believe that after this date a landlord who has not obtained an HMO licence,cannot evict any one until such required licence is in place. Please advise.

What do you mean "believe"? Is this some sort of myth you have chosen to believe? Please back this up or withdraw it.

[RichieP]

Poppy, do you work in customer services by any chance? You have such a lovely manner about you.

[Mago]

Poppy,
I use the word beleive in a lose context. I have recently read on another site the following,(after 06/04/06 the land lord of an HMO that has not aquired a licence can not issue a section 21 notice,the landlord must repay any rent/Housing Benefit received during the period that the property was unlicenced,by stating I beleive I was infact looking to receive conformation/denial of what was published on said website.)

[Energise]

I have recently read on another site the following,(after 06/04/06 the land lord of an HMO that has not aquired a licence can not issue a section 21 notice,the landlord must repay any rent/Housing Benefit received during the period that the property was unlicenced,by stating I beleive I was infact looking to receive conformation/denial of what was published on said website.)

That is my understanding as well.

[Poppy]

Thank you for correcting me.

But, do you know what it has inspired me to do? Find the answer from the actual housing legislation using the internet. Had the answer in two seconds.

http://www.opsi.gov.uk/acts/en2004/04en34-c.htm

I could ask why didn't you do that and help other (silent) readers, but I won't.

[Energise]

I could ask why didn't you do that and help other (silent) readers, but I won't.

I guess someone else could ask why you were not inspired to do so before posting your previous answer, but they probably won't.

[Mago]

Poppy,
I bow to your knowledge,but if I had this knowledge,would I have raised this matter on the board,I think not. I was under the impression that this site was to enable people such as my self to seek advice and not a platform for spurious replys to be posted.

[pms]

Poppy,
I bow to your knowledge,but if I had this knowledge,would I have raised this matter on the board,I think not. I was under the impression that this site was to enable people such as my self to seek advice and not a platform for spurious replys to be posted.

This is what this forum is about, to advise and discuss matters relating to Landlords and Tenants.Poppy I suggest you take a crash course in manners or are you one of these people who thinks that their sh-t doesn't stink.

[Mago]

PMS,
thank you for your understanding.

[Mago]

Hi,
thanks to every-ones help/advice a result has been gained. This morning my land lord contacted me with the following information,a new bathroom/toilet is to be enstalled in the dwelling,and that a new washing machine will be installed in the same so that the other tenants in the dwelling will no longer have to access my flat in order to do their washing.