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Jun, 2017

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  1. #1

    Default Lodger or tenant? Landlady with health issues

    Hello. Sorry if this is in the wrong place.
    Firstly, i currently rent a room with ensuite with my partner in a 5 bed property in which the landlady also lives. I believe we are classed as lodgers but another lady i spoke to said as we have locks on the doors we are classed as tenants. Is this correct? If so, would our deposit need to be held in some sort of protection scheme as i dont believe it is at hem moment.
    Secondly, the landlandy is an alcoholic which she failed to inform us about. This has resulted in very distruptive behaviour. She swears a lot and acts very angry at the smallest thing or about something she is thinks we have done. She normally wakes us all up around 5-6am with her shouting and swearing. We all do a lot for her. Take her out, cleaning and gardening etc (free of charge i may add). Does her behaviour breach any sort of agreement on her hmo licence? We believe she is already as there are 7 of us in total living here and she also has a 'gentleman friend' staying 5-6nights a week.
    Lastly, we are all unhappy in our current situation and have found somewhere to move to. I was just wondering if we can give 2 weeks notice, instead of 4, and request our deposits back as it is due to her behaviour we wish to leave?
    Any advice would be appreciated. Thank you and sorry for the long message and again sorry if its in the wrong place.

  2. #2
    Join Date
    Aug 2010
    Posts
    2,848

    Default

    You are clearly lodgers. Locks are certainly an item of information, but do not in and of themselves create an AST.

    She does not have to inform you about her alcoholism or any other illnesses she might have.

    Just leave.

    What does your agreement (if any) say about notice?

    If she does not give your deposits back and you disagree you will have to take her to court. They will look at any agreement you have.

    (being part of an HMO is not incompatible with being a lodger -- how do you know whether her HMO licence allows her to screw her boyfriend? It probably doesn't prohibit swearing either - though I would not be surprised given the inexorable rise of the nanny state)

  3. #3
    Join Date
    Mar 2009
    Posts
    16,626

    Default

    Even if you are tenants you wouldn't be AST tenants, only ones needing deposit protection.

    Move. Until she sorts herself out and stops drinking ain't nothing going to happen.

    Council HMO people should be informed - fire regs etc - & HMRC re her significant income, perhaps untaxed
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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