My landlord wants me to lie and say I am a Lodger – Help!

by Readers Question

9:53 AM, 11th November 2014
About 4 years ago

My landlord wants me to lie and say I am a Lodger – Help!

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My landlord wants me to lie and say I am a Lodger – Help!

Hello everyone! I am renting my apartment through an estate agent but have never met him, I only knew his name! Today he called me saying that his apartment belongs to a housing association! My landlord wants me to lie and say I am a Lodger

I pay the full amount of rent, have never seen the landlord and today he said the council wanted to speak to me but he never gave my phone number for privacy.

He is saying to the council that he lives there at the weekends, and asked me to do the same if they call!

Isn’t it illegal?

What should I do?

Many thanks.

Giuliano



Comments

Mark Alexander

10:00 AM, 11th November 2014
About 4 years ago

It seems quite clear to me that your landlord has been acting illegally and is on the verge of getting caught. He is now asking you to purger yourself and become a part to his fraud.

Don't do it!

Start looking for a new property, tell the agent what's going and tell them you are holding them responsible for your moving costs on the basis that they clearly didn't check ownership of the property before. Also, if you continue to pay rent and the agent passes it on to the landlord then he could be in trouble for knowingly handling proceeds of crime.

Get yourself some free initial advice from this guy >>> http://www.property118.com/member/?id=1945 - I can't tell you whether you should report the matter to the Police but Mark Smith will know in an ainstant what you should do.
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Giuliano Kolling

10:29 AM, 11th November 2014
About 4 years ago

Thank you very much Mark! He clearly said to me on the phone that he wanted me to lie for him. I went to the estate agency yesterday and they said my landlord showed them the papers proving that he could do it! Probably another lie, I don't know much about the law here but I believe he could do it yes if he had a spare room in the apt and was living there with us. I'll contact Mark Smith! Best regards
Giuliano

Mandy Thomson

13:32 PM, 11th November 2014
About 4 years ago

We all know that there are a few rogue letting agents around, but to be knowingly complicit in illegal subletting.... Unbelievable!

Just for the record, subletting of council or housing association owned property isn't illegal, provided you have written permission from the social landlord - this would normally only be given if you had a very good reason to temporarily move out, such as caring for a sick relative or taking up temporary employment away from home.

Taking in a lodger in social housing is different from subletting, if you remain living there at least part of the time. With council housing, you actually have a legal right to take in a lodger under the Housing Act 1985 s 93(1)(a) - but you must still have written permission from your landlord (whoever and whatever that landlord is).

maggie hurst

16:12 PM, 11th November 2014
About 4 years ago

Dear Mark,
Your articles and advice are most valuable and interesting. Just a little comment ...perjure I think was the word you wanted..but on the other hand you could have been indulging in an appropriate pun.
M hurst

ray selley

19:28 PM, 11th November 2014
About 4 years ago

Just this week a tenant of a local authority flat in Brighton was fined £5000 and ordered by the court to forfeit his tenancy .Apparently he was reported by his neighbors

Mark Smith (Barrister-At-Law)

11:58 AM, 13th November 2014
About 4 years ago

Salve Giuliano

What you are being asked to do is illegal, and would make you complicit in the 'landlord's' crime. You should move out for your own security and peace of mind.

I advise that you go to the estate agent and say that you have taken legal advice about what they are doing, and so they had better find you somewhere to live right away. Make a note of who you speak to, and make a list of any costs you have as a result of this disruption. The agent should be covering these for you if they have any sense.

Please then come back to us if any further action is needed

Best of luck.

Neil Robb

18:31 PM, 16th November 2014
About 4 years ago

Hi Gilliano

What ever you do, DO NOT LIE.

This will only land you in trouble. You have done nothing wrong at this stage. If you cover for this person and the housing association can prove the property was let illegally which is now a criminal offence. You will be leaving yourself wide open to prosecutions.

Follow this advice given tell the truth and protect yourself. If you were convicted and later tried to obtain a mortgage or future employment and have a conviction you may not get them.

Giuliano Kolling

18:54 PM, 16th November 2014
About 4 years ago

Thanks everyone for your help! The estate agency said that they didn't know about it before and that this just came up now, which I know is a lie cause I had a good look at the contract and it says Flatshare/lodger contract! I asked them to find me a new place and to cover all my cost and then they simply said that this is not their fault, that they did not have a flat for me to rent and that they won't pay me my costs! I wrote and sent everything by email and I asked them to do the same cause I wanted proof but they never did it, they said my deposit is protected on dps but I never received any letter or proof of it. They actually call me and said I have to go and also threat me if I don't do it! I am going for a holiday on the 25th of December, coincidently this the date I have to leave, so I am gonna rent something else when I get back! What should I do to bring it to justice? I want people to know that this estate agent is dodgy!

Neil Robb

20:16 PM, 16th November 2014
About 4 years ago

They could just be bluffing you . I would ask for everything in writing. I may be wrong but lodgers deposits do not need protecting so why would an agent do this.

Again not knowing the facts it is hard to give good advice. I would contact the housing association and citizen advice and try and find out where you stand.

I would not move unless I had somewhere to go to. Tell the agent to get a possession order. If you are away they can not just take the property back reguardless what they say.

Mark Alexander

20:28 PM, 16th November 2014
About 4 years ago

Reply to the comment left by "Giuliano Kolling" at "16/11/2014 - 18:54":

Why would you have signed a flat share/lodger. Interact in the first place?

Didn't that ring alarm bells?

Did you landlord ever live in the property at the same time S you?

The comment above about not needing to protect a lodgers deposit is correct. The advice a out needing a possession order is wrong if you are a lodger, it's not required and your landlord if perfectly entitled to change the locks

I feel we are not getting the full story here, hence my questions.
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