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

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

9:53 AM, 11th November 2014, About 7 years ago 25

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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

by Neil Robb

21:08 PM, 16th November 2014, About 7 years ago

Reply to the comment left by "Mark Alexander" at "16/11/2014 - 20:28":

Hi Mark

As Stated not knowing the fact .

If Gilliano signed an AST and not a lodger agreement. Then he can not just be put out . It could be now the agent and landlord have been caught out they are covering there tracks.

But if it is a lodger agreement then he needs to sort something out as soon as he ca n

This is why I said find out where he stands.

by Neil Robb

21:08 PM, 16th November 2014, About 7 years ago

Hi Mark

As Stated not knowing the fact .

If Gilliano signed an AST and not a lodger agreement. Then he can not just be put out . It could be now the agent and landlord have been caught out they are covering there tracks.

But if it is a lodger agreement then he needs to sort something out as soon as he ca n

This is why I said find out where he stands.

by Giuliano Kolling

21:24 PM, 16th November 2014, About 7 years ago

Thanks! I asked them to write everything there are saying and they said no, when the estate agent said that I signed a lodger contract I asked her to send by email and she said the printer was not working! Well as I said they're not going to help me, they made it really clear! I am just afraid they can keep my deposit! I think they are capable to do anything! Just not sure if I pay the rent on the 25th and give the notice! If you have an idea how much a solicitor would cost and what he can do for me please let me know! I just want to make sure people don't get ripped off by this guys!

by Neil Robb

22:41 PM, 16th November 2014, About 7 years ago

Hi Galliano

If the deposit has been lodge in the tenant deposit scheme then you should have no concerns if the property is left in good condition and all rent paid.

If the agent has not protected the deposit and issued you with the proscribed information with in the time frame they could face a penalty of up to three months rent and the full deposit which will go to you.

Go to the Citizen Advice Bureau or contact Shelter the homeless organisation. I can not believe I am saying this as all to often the just want to stich landlords up.

They will give you some advice.

Did you not get a copy of your agreement was it an AST or lodgers agreement .

As Mark said without the facts it is hard to give any advice. Was it an AST or not if it was an AST then when does it run out and go periodic these all can make a difference to what advice we can give.

by Giuliano Kolling

23:02 PM, 16th November 2014, About 7 years ago

The title od the contract says:
HOUSE/FLATSHARE AGREEMENT
(FOR A APARTMENT IN A FURNISHED HOUSE OR FLST WITH A RESIDENT LANDLORD)
I have it and can send it to you if ou wish! Thank you very much!

by Mark Alexander

23:16 PM, 16th November 2014, About 7 years ago

Reply to the comment left by "Giuliano Kolling" at "16/11/2014 - 23:02":

Yes, please scan an email it to mark@property118.com
.

by Giuliano Kolling

23:43 PM, 16th November 2014, About 7 years ago

Just sent Mark!Thanks

by Mark Alexander

9:22 AM, 17th November 2014, About 7 years ago

Reply to the comment left by "Giuliano Kolling" at "16/11/2014 - 23:43":

It is quite clear that the agreement you has sent to me is a lodger/flatshare agreement.

Clearly you signed it so you must have read it.

I can't understand why you would sign an agreement which didn't accurately reflect the arrangement you are entering into.

To re-state my previous question, has your landlord lived in the property whilst you have lived there?

My gut feeling here is that you should just move on, at best both you and the agent have been very naive.

If you want to employ a solicitor to deal with this it will cost you a lot of money and stress. A cheaper, but no less stressful solution will be to get Shelter involved.
.

by Mandy Thomson

9:23 AM, 17th November 2014, About 7 years ago

However, as we know, it's not the form of agreement issued but the actual living arrangement that informs whether it's a full tenancy, or a licence (i.e. a lodger letting part of someone's home or "holiday" let situation). Typically, it tends to be the other way around, where a live in landlord uses an AST for a lodger because they don't understand the difference.

However, in this situation, Giuliano may need to be able to produce proof that he occupies the whole property on a long term basis, although utility bills would at least be some proof (a lodger wouldn't normally pay these directly, and neither would someone staying only short term). However, as I know from personal experience, anyone can contact a utility company and tell them they've moved into any given address, so I don't understand why these are still considered gold standard proof of address.

by Mandy Thomson

11:49 AM, 17th November 2014, About 7 years ago

Just a further thought - we don't know who the letting agents are, and I would be very surprised if they were the branch of a large well established firm, but even if they're a small operation, they could have a licence or franchise with a larger firm - it might be worth bringing this to their attention. Likewise, if they belonged to a professional body at the time the agreement was made (which presumably was before the compulsory redress legislation came in), it might be worth raising it with them.


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