Is our landlord breaking the law?

[SabreSheep]

I Imagine if he is running a commercial business from the property then the council might want to up his "rates"

 

Also if one sells more than x amount of cars in a period of time they have to be registered as a motor trader.

 

Really you are in a bit of a bind. IF you try to enforce your rights, expect to see a s21 land on your doorstep the day before your next rent payment.

 

Contractually though unless named the LL's agent should not be interfering in the property and any agent of the LL has o abide by the rules of the tenancy.

 

Im in a situation where I live in a two person HMO where the LL is my brother. He is plannign to emigrate in the next 4-18 months. How we will manage it is he will transfer "power of auterney" to me an I will become the LL and manage the property in his name. (yes basically setting up a "business" for the property ehich all rents go into and all repairs etc get paid out of.

*THAT* is what your real LL should of done

[patch88]

I had a chat with him last night about this situation were he just danders in when he feels like it, I touched on the subject of his car selling at the front door and I think it might have scared him slightly! and he said he'l knock!! Am still not happy with it happening at our front door and the fact that legally he cant act for his sister because its not stated in the contract but if he sticks to the rules like all tenants have to then I think we'l be ok. Thanks for the advice folks. Iv a better idea of our rights now!

[raydetinu]

Do you and your fellow tenants all have individual contracts and lockable rooms? share other facilities etc.

If so then this is a house of multiple occupancy and must be licensed by the Council and have lots of safety regulations regarding fire and escape etc.

If not registered it is illegal and council will shut it down immediately if not compliant.

You will have no rights to stop LL or his nominees from entering communal areas of the building or the grounds.

Suggest you check with the Council if it is registered and see where you go from there.

[mariner51]

I suggest if sister (LL) is living in Spain, then she is using brother as UK address for 'serving Notices' and prob asked him to 'keep an eye on the place', thus giving permission to act as her 'agent'. His knowledge of LL duties & resps seem limited, but not really a problem as LL signatory on AST remains ultimately liable. Establish direct contact with sister LL if concerned (Internet, facebook, twitter etc?)

 

 

Letting legislation for E&W differs from what you were used to in NI.

 

 

We are still waiting for explanation of your actual T status -

Ind AST for room & shared facilities or AST for full property, joint & severally liable with other occupants?

Perhaps you replaced an outgoing previous T?

 

 

Not all posted comments are directed at you, so don't take offence. Experience makes us wary of any OP who gets upset with replies without providing full T details when requested.

[patch88]

Do you and your fellow tenants all have individual contracts and lockable rooms? share other facilities etc.

If so then this is a house of multiple occupancy and must be licensed by the Council and have lots of safety regulations regarding fire and escape etc.

If not registered it is illegal and council will shut it down immediately if not compliant.

You will have no rights to stop LL or his nominees from entering communal areas of the building or the grounds.

Suggest you check with the Council if it is registered and see where you go from there.

 

Well me and my partner share a contract, but the other lads have one each. But iv compared them and they are all the same. Basically saying that we rent and share the entire house/garden/front garden. Yes we have locks on our doors... All my rents have had locks on the bedroom doors - that not common over here? I wouldnt know if its licensed or not. see how would I go about that without alerting them to the house and then we might all get chucked out if its not. I really dont get this were people are saying he can enter communal areas of the house. We rent this house, it shouldnt matter wether its as a group or individually, we consider this our home and I think a landlord should respect that. When i challenged him about dandering in when he feels like it he said to me aw if yous had of known each other before moving in I wouldnt let myself in but yous didnt so why are you so ****ed. Anywhere iv rented before the landlord let us live in the property without any unnessacary interruption, we only seen hi if something was broke and when rent was due.

[patch88]

I suggest if sister (LL) is living in Spain, then she is using brother as UK address for 'serving Notices' and prob asked him to 'keep an eye on the place', thus giving permission to act as her 'agent'. His knowledge of LL duties & resps seem limited, but not really a problem as LL signatory on AST remains ultimately liable. Establish direct contact with sister LL if concerned (Internet, facebook, twitter etc?)

 

 

Letting legislation for E&W differs from what you were used to in NI.

 

 

We are still waiting for explanation of your actual T status -

Ind AST for room & shared facilities or AST for full property, joint & severally liable with other occupants?

Perhaps you replaced an outgoing previous T?

 

 

Not all posted comments are directed at you, so don't take offence. Experience makes us wary of any OP who gets upset with replies without providing full T details when requested.

 

 

I mentioned to the others about a contact number for the actual landlord and they said they were told "naw, she doesnt want contacted just speak to me" by this man. Tbh the way he goes on I dont know if I want to press the subject, but i do I know its within our rights to have the actual landlords contact details.

What do you mean, my actual T status? Sorry but what does AST stand for? Its states in our contract that the rent we and the others pay covers the entire property - bedrooms/bathroom/living room/kitchen and the front and back garden - we as a group are liable for any damage caused. The couple that had our room before us were asked to leave because as I have mentioned before, shes the one who got drunk and smashed the lightbulbs and she attacked her boyfriend, but the others mentioned that she was at the end of her contract anywhere and had planned on moving.

Its not that I was upset just frustrated. And I was explaining things as best I could, some of the "rental jargan" yous use is different to Ireland so sorry if questions wernt answered correctly.

[mariner51]

Thanks for your reply. Your T status (together with partner?) is for room only and use of shared facilities and not a single joint Tenancy with other Ts. All are responsible for common areas. Property is HMO, though prob not licensable.

LL or 'agent' can enter property at any time to inspect common areas without prior Notice.

Your LLs obligatory contact details should be in your AST as 'address for service of Notices', that can be any UK address.

You may be entitled to LLs actual address, but that can be a business address, not home address, and must be requested, in writing, from agent. He has 21 days to respond.

So that just leaves the question of his 'car lot'. Does your, or any current ASTs, provide use of a parking space within the property boundary? If so, that can be enforced.

You like the property, so up to you how far you progress your complaints.

If you don't understand an abbreviation - then ask for clarification. We use them to save time in typing in full.

[honeybee13]

Mariner, do you think it would be helpful to have a stikky at the top of the forum with the most common abbreviations that we could refer people to? I would be happy to start it off with a few terms I have gleaned from watching this forum.

 

HB

[raydetinu]

Rules for HMO- more than three separate tenants; HMO, and must still satisfy fire risks ( council may still inspect for fire risks and amenities are satisfactory ) LL should carry out risk assessments etc.

More than five separate tenants and more than three storeys high - HMO (Council licence required and all the safety rules.)

LL has access to communal areas at any time.

If your contract says you have use of the front area, then you need to claim it and ask for the cars to be removed or you can sue for breach of contract.

So really up to you what you do about it.