Who is the landlord?

[hightail]

If someone rents a flat and then takes a room mate does this make them the room mate's landlord? All rent monies are paid to them and they took a deposit which as far as we can tell was never handed on to the agents or protected. The room mate/sharer has no formal agreement and has never signed any paperwork though all rent and the deposit were paid by bank transfer.

[Steve__M]

Yes.

 

The room mate's "informal agreement" likely means he or she can be asked to leave at very short notice. Deposit does not have to be protected for lodger agreements.

[hightail]

Thank you. It's actually the room mate who wants to leave at short notice and the other party will need to find someone else or they can't afford the flat so they're claiming their tenancy agreement applies to the room mate.

[ericsbrother]

then they are wrong. It is probably a breach of the tenancy to take in a sharer without the agreement of LL, standard in most contracts. Never a wise move by tenant as they could end up out on their ear for brach of tenancy and if LL gets wind of the impecunious tenant they will be most unhappy about any deviation from tenancy that is not formalised.

[mariner51]

Which T are you?

 

 

Are both flatmates named on AST as joint Ts?

[hightail]

I'm neither T but offspring is the sharer. I have few details but I know there was no paperwork signed so if her name is on the tenancy agreement it's been added without her knowledge. She has no dealings with the agents (never has had), pays her half of the rent and council tax to the original tenant by bank transfer into his bank account and never agreed to any specific length of time.

 

 

The original tenant was already in the flat and advertised for someone to share. It isn't working for her as she needs to work and the tenant has taken to having a lot of friends around who stay over, use her bathroom including toiletries, help themselves to her food and drink etc. Advertised as 'young professional' and in late twenties the tenant has yet to grow up and it's like living in the worst of student houses. She pays half of everything and is effectively confined to her small bedroom.

[Steve__M]

Has tenant given notice to leave. LL cannot reasonably argue with a month's notice.

 

Seems like there will be an issue getting deposit back. Does offspring have evidence that deposit was paid?

 

Has offspring checked that council tax has actually been paid? If offspring is not on the bill then "landlord" may have applied for a single person discount.

[hightail]

It is the deposit which is a concern. There is a saved text conversation where he asks for the deposit to be paid, does state the amount and gives his bank details for transfer and of course the bank record of that transfer. She gave a one month notice the day before the last rent payment. She is lucky enough to have temporary accommodation with a friend while she fights for the return of her deposit. He's already intimated he intends to keep it in lieu of future 'lost' rent.

 

 

Fairly sure about council tax, not that it's been paid but that single occupancy discount wasn't applied for.

[raydetinu]

Fairly sure she would be classed as a lodger, if not on tenancy agreement. ( probably illegal if agreement does not allow sub- letting/ sharing without LL knowledge ). LL usually wants to know who is staying in their property and vet them.

deposit paid would be have to be chased through court if not returned! one months notice sounds reasonable.

[hightail]

I reckoned she was a lodger too. We're just about resigned to chasing the deposit through court which is why she needs to stay with a friend until she gets it back as she can't afford a deposit on a new place without it. At least we have his bank details so we can go for a TPDO.