Are we tenants or lodgers?

by Readers Question

10:25 AM, 27th October 2016
About 4 years ago

Are we tenants or lodgers?

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Are we tenants or lodgers?

My boyfriend and I have just moved to London and have found a room to rent in a flatshare. Being new to England I’m not sure of the legalities. We are dealing with a live out landlord, however he has given us a lodgers agreement to sign. HMO

From what I understand as he does not live at the property so we are not lodgers, but tenants. It is a fixed term contract and has many conditions written into it that are the same as a tenants rights (eg must give 24 hours notice to enter our room), but I am nervous about signing a lodgers agreement as from what I understand lodgers have less rights (around bond protection and repairs) than tenants do.

Alternatively, the room is furnished, and the expenses and cleaning of the communal areas are “included in the rent”. Does this make us lodgers?

If we are actually tenants, would there be any issues with signing a contract called a lodgers agreement?


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12:01 PM, 30th October 2016
About 4 years ago

Reply to the comment left by "John Frith" at "30/10/2016 - 11:53":

I do not think that the contact is entirely null and void (ie in a state where no contact exists) because otherwise the OP would effectively be squatting. However, OP will have full tenant rights and enormous optionality to enforce the bits he likes but the landlord would have difficulty enforcing the contract where it protects him.

In addition, LL has probably not protected the deposit this leaves him open for compensation claims.

To dodge a bit of tax and get round a few health and safety requirements, this LL may have made an expensive mistake.

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