What type of tenancy do I have, and is what the landlady has done legal?

On 1st December 2013 I signed a lodger agreement. The agreement was with the daughter of the house owner and it's her name on the contract, not the mother's. The daughter lives there but the mother does not. The house is being transferred into the daughter's name when she graduates this year, and I have been giving my rent to the daughter to give to the mother.

I gave my month’s notice at the start of this month month, so I am leaving at the end of this week. I do not know if I count as a lodger or a tenant, as I do not live with the owner of the house. For the last 5 weeks I have not paid for gas and electricity (£10 collectively a week), as for one week I was not there at all (I have the train tickets to prove this) and the other 4 weeks I had not noticed a change in the meter. The day prior to my leaving for a week, I heard the daughter moaning to her friend that I had given her money for the last 2 weeks and it wasn't needed, so it was just sitting in the meter cupboard. I then didn't want to give her any more money until this money was used. Since then she hasn't asked me for any for it all. I got a note yesterday saying 5 weeks' money has been taken from my deposit for not paying the bills, £10 each week. Is this legal, taking money from my deposit without my consent? Why couldn't she just ask me for the money in the first place if she wanted it?

I don't have a lock on my door, and I know for a fact that people have been in my room without permission (rubbish thrown away, things moved, etc.), but as a lodger I know I do not have 'exclusive access’ to my room, but a I a tenant even though I signed a lodging contract?

I'm a full time student, so is she and there's another guy who works full time. The house pays no council tax, even though I think he should be paying, as the letter we get says everyone in the house is a full-time student. They didn't know I was leaving so a couple of months ago mentioned to me they wanted me to sign a form so nobody has to pay council tax, because as she’s graduating this year there wouldn’t officially be a student in the house unless I signed, but is this illegal; does everyone in the house have to be a full time student to be exempt? Are they committing council tax fraud?

Thank you :smile:

(edited 9 years ago)

OP

Anyone?

Everyone has to be a full time student to be exempt from paying tax (correct me if I'm wrong) because I never paid when I was a student. However, as soon as you are not a student , eg graduated, council tax is due from that date onwards.

No one should be in your room without permission. And you really should have put your foot down from day one. I appreciate there isn't a lock on the door, legal reasons etc but it's pure privacy and respect.

You need to confront her (a paper trail isn't the best thing) and you need to ask her how much you need to pay EXACTLY each week - and what proof she has, such as what the gas meter says. And if the gas meter hasn't changed, then what exactly are you paying for? When things like this happen, you need to be very very open and address the situation straight away such as telling her "I am waiting for this money to be used on the meter before I give anymore" so that she doesn't think that you're just bunking off paying. For all you know, she hasn't checked the meter and is simply assuming you owe this money because you do so all the time - lets not forget that you didn't sign the contract with her, you signed it with her mother.

Unless she can prove to you that you owe x amount of money with receipts and meter readings, she owes you your full deposit. Tell her you were away for a week, tell her everything you said in your OP. Considering she wrote you a note rather than spoke to you about it, means that she doesn't like to confront you - so use this to your advantage.

If she still doesn't budge, threaten her with legal action because there is no proof of receipts or anything else that you owe this money. Also, she doesn't seem to know the rules/law regarding this, so you can scare her. Not to mention, if she is going to take this from your deposit, she needs to print this on proper paper, sign and date it. Not simply a "back of the envelope" note that she stuck on the fridge - it's invalid.

Reply 3

Lasershark

OP

8

Original post by stargirl63

Everyone has to be a full time student to be exempt from paying tax (correct me if I'm wrong) because I never paid when I was a student. However, as soon as you are not a student , eg graduated, council tax is due from that date onwards.

No one should be in your room without permission. And you really should have put your foot down from day one. I appreciate there isn't a lock on the door, legal reasons etc but it's pure privacy and respect.

You need to confront her (a paper trail isn't the best thing) and you need to ask her how much you need to pay EXACTLY each week - and what proof she has, such as what the gas meter says. And if the gas meter hasn't changed, then what exactly are you paying for? When things like this happen, you need to be very very open and address the situation straight away such as telling her "I am waiting for this money to be used on the meter before I give anymore" so that she doesn't think that you're just bunking off paying. For all you know, she hasn't checked the meter and is simply assuming you owe this money because you do so all the time - lets not forget that you didn't sign the contract with her, you signed it with her mother.

Unless she can prove to you that you owe x amount of money with receipts and meter readings, she owes you your full deposit. Tell her you were away for a week, tell her everything you said in your OP. Considering she wrote you a note rather than spoke to you about it, means that she doesn't like to confront you - so use this to your advantage.

If she still doesn't budge, threaten her with legal action because there is no proof of receipts or anything else that you owe this money. Also, she doesn't seem to know the rules/law regarding this, so you can scare her. Not to mention, if she is going to take this from your deposit, she needs to print this on proper paper, sign and date it. Not simply a "back of the envelope" note that she stuck on the fridge - it's invalid.

Thanks a lot. Do you know whether I am a lodger or a tenna,t as I don't live with the ownder? What exactly is the law regarding having to print taking money from my deposit? You're right in that I should have talked to the daughter more; I didn't because she's quite scary and is always talking about me behind my back when she thinks I can't hear her.

Reply 4

stargirl63

17

Original post by Lasershark

Thanks a lot. Do you know whether I am a lodger or a tenna,t as I don't live with the ownder? What exactly is the law regarding having to print taking money from my deposit? You're right in that I should have talked to the daughter more; I didn't because she's quite scary and is always talking about me behind my back when she thinks I can't hear her.

I'm not sure what the difference between the two is, butttt if your landlord is not living in the house - generally you would have more of a right to be living there. As technically it's not THEIR house that you're living in. Therefore, all tenants who live in the house, should be equal with regards to what is done and what bills are paid, as, like I said, the owner doesn't live there.

Also, I'm pretty sure it's illegal to rent out a place to family members (Google that) because I remember one of my friends getting into trouble for something along those lines. So technically that daughter shouldn't be there at all.

I'm not sure about the law with anything I'm saying, but it makes sense that she needs to print out a proper document with what happens during the tenancy agreement. Especially if it is to do with money. For example, the deposit, if there are additional bills, termination of contract - this all needs to be done on paper, using a proper signed and dated format. If not, it simply makes it void, how do you know it's for you? How do you know you owe her £10 a week and not £9.88 a week? etc etc. (another reason why she needs meter readings and receipts.) There's a lot of holes in this situation. Also, read through your initial agreement and see if it says anything there regarding the deposit, because they should give you at least a weeks warning or something, before deciding to put their hand into the deposit pocket. Also, your deposit should be protected. Ask the mother what scheme she has used to protect the deposit she will **** herself if she hasn't, especially since it's a legal thing - you can find more info here. https://www.gov.uk/tenancy-deposit-protection/overview

I recommend that you take up your issues with the mother, give her a call or something. Since the agreement is with her, her daughter has no grounds to say that you owe anything and no grounds to take any money from the deposit (she shouldn't even have this money in the first place, as it's with her mother). It's like me emailing you " I'm taking x amount from the deposit" when you didn't even sign an agreement with me ....ermmm no.

Speak also with this daughter, regardless of how scary she is, because let's be serious, since you're moving, you're not going to see her again anyway.

Landlords tend to start acting funny with the deposit when it comes to the end of the contact.

I'm just basing this on my experience. I got a flat for 2 years when at uni, with a private landlord, I was very transparent with what was gong on, emailed him every so often with questions or changes, and he in turn, helped. Especially since I kept a big trail of emails, so you can blatently see the "I sent you an email on this, this and this date...why has it not been done". Basically, proof is your bread and butter when it comes to bills and payment. My dad also rents out a house, for the last 6 years and I currently rent out my spare room in my house and have a little spreadsheet of what is paid and when. (It's not official or anything, but it saves arguments with "I paid, no you didn't, yes I did").

It's all a piece of **** game - unless you know how to play.

What type of tenancy do I have, and is what the landlady has done legal?

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