Updating post from Reddit.
I recently moved into a property where the landlord lives at the property. I had to pay two months rent to a tenant at the property and not the landlord himself. I have since paid another month on top of this despite only living at the address for two weeks. I have no tenancy agreement and the actual landlord is trying to provoke a confrontation in order to force me to leave or give him grounds to throw me out.
I did some digging on 192 dot com and found out the landlord's full name and that he is the sole owner of the property. He has also had numerous failed registered companies dating back to the late 1980's.
The tenant who I paid the rent to doesn't want postal mail delivered in my name at the address.
I want to leave but I can't afford to until I get paid next month.
I believe the landlord is either claiming benefits (he said he suffered a stroke) and can't have money go into his account as a result or there is lien on the property (possibly from him taking out equity on the property for one of his ventures).
I want to know what others would do in this situation?
If I can see out the next six weeks I would be willing to lose the final month's rent. My intention is to make a JSA and housing benefit claim using my current address once I leave.
>I had to pay two months rent to a tenant at the property and not the landlord himself. I have since paid another month on top of this despite only living at the address for two weeks.
So first month's rent and one months deposit?
Paying to the tenant is highly irregular though, as is paying the second month's rent early.
>I believe the landlord is either claiming benefits (he said he suffered a stroke) and can't have money go into his account as a result
Lodger income is disregarded for universal credit purposes
>or there is lien on the property (possibly from him taking out equity on the property for one of his ventures).
It seems unlikely that this would prevent him taking in a lodger.
Sounds like you'll be needing this: https://england.shelter.org.uk/housing_advice/tenancy_deposits/return_of_a_lodgers_deposit
The tenant who showed me around said the second months rent was for the notice period. Obviously he can claim it as a deposit and pretend he never expressed it in that manner.
County court is a waste of time. No one pays the judgement. Bailiffs are hit and miss with regard to recovering money.
The property cost £605,000 in 2007. There are 6 bedrooms (5 tenants and the landlord). Even if I assume others are paying more than me it wouldn't be enough to cover a repayment mortgage. Which leads me to believe the landlord has an interest only mortgage. The landlord doesn't work so he is wholly reliant on the money received from the tenants.
My anger is over how the landlord appeared very affable when we first met and the tenant (who I paid) kept messaging me about the room before I moved in. But once I did the landlord shifted into becoming petty and cantankerous. Remember I have only been in the property 15 days.
There are three people registered at the property. I suspect the landlord can explain away these as home help or some such nonsense. But if the landlord is claiming housing benefit only the first £20 is disregarded of any lodger income.
Check if it’s a hmo and licensed I bet it isn’t
Legally speaking, there can only be maximum 2 lodgers. More than 2 lodgers, then it becomes a HMO. So in your case, with 5 rooms being rented out, it is definitely a HMO. You should get in touch with the council and ask if there is a HMO license. If the council says no, then you can report the landlord and also apply for a rent repayment order.
It is your best option to recoup any rent you paid and get out of this situation asap. Good luck !
Thank you
>The tenant who showed me around said the second months rent was for the notice period. Obviously he can claim it as a deposit and pretend he never expressed it that manner.
If you're thinking about deposit protection, there is no legal requirement to protect a lodgers deposit.
>County court is a waste of time. No one pays the judgement. Bailiffs are hit and miss with regard to recovering money.
If they don't pay then they get a CCJ, and that absolutely destroys their credit rating for the next 6 years. So many will pay, at least to avoid that.
>The property cost £605,000 in 2007. There are 6 bedrooms (5 tenants and the landlord). Even if I assume others are paying more than me it wouldn't be enough to cover a repayment mortgage. Which leads me to believe the landlord has an interest only mortgage. The landlord doesn't work so he is wholly reliant on the money received from the tenants.
Alternatively, he owns the place outright - possibly inherited.
But this is pointless speculation as it doesn't affect your legal position.
>The property cost £605,000 in 2007. There are 6 bedrooms (5 tenants and the landlord).
Does he have an HMO licence? Most councils list which properties have an HMO licence on their website, though you'll have to do some digging.
>But if the landlord is claiming housing benefit only the first £20 is disregarded of any lodger income.
He cannot be getting housing benefit as he owns his own home. He also cannot be getting the housing element of universal credit for the same reason.
If the landlord had a HMO license there would be a contract. There is no contract between myself and the landlord. He doesn't own the property outright. He has at least seven dissolved companies under his name over the years. These were computer consultancy firms which notoriously make little to no money.
The rent is paid into a tenant's account who has been at the property for eight years. The tenant expressed the need to pay the mortgage as a matter of urgency, prior to me moving in.
I understand I have to suck it up for 6 weeks, but I want leverage. The tenant and (no doubt) the landlord are petrified of someone discovering the fact I live here. Why? The landlord could be claiming housing benefit at another address (I have seen an instance of this in the past).
Does the mortgage stipulate no tenants or is permission required to do so? How do I find out which bank has the mortgage for the property?
Off topic for sure, but my legal rights won't be enforced for the amounts owed if I am evicted without cause.
Yeah this is a HMO and the landlord likely doesn't have a HMO license.
If it doesn't inform the other tenants and tell them to look up Rent Repayment Order.
You're all in for a payday if it's unlicensed