Live-in landlord advice?

Live-in landlord advice?

9:43 AM, 2nd November 2022, About 2 years ago 13

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Hi All, I recently purchased my first property and decided to rent a few rooms out to help cover the cost of running the place. I’m a live-in landlord and registered to vote there, this is in the Portsmouth area. But do spend most of my time at my partners as its considerably closer to work.

The first lodger I got in was on a 2 month agreement. They were a foreign student and actually ended up leaving the UK after 6 weeks. I got a second lodger in a few weeks after the first and all is fine with this one.

My problem is I had a third person who was very keen to move in. As the initial lodger had already been in for a month and would be leaving I said they could move in. There is an overlap of 3 weeks where I have 3 lodgers in. So the first lodger has moved out now and there are currently just the 2 lodgers in and have been for around 3 weeks.

The final lodger paid a months rent upfront and half the deposit. The remaining half the deposit was due on his next pay check. This I now realise was a massive mistake and will never let anyone move in without a full deposit again. He missed paying the remainder of his deposit.

Then he missed the paying of his second months rent, giving multiple excuses. The rent is now 2 weeks overdue and second half of deposit would be 5 weeks.

I’ve since asked him to move out, giving him 7 days notice like is mentioned in the lodger agreement which I had found online. He called up the council for advice and seems to think he is entitled to a 1 month notice as what I have done is illegal. I am also concerned that as I had an overlap with 3 lodgers the council may get involved.

What are any possible implications here and am I still easily able to remove the lodger?

Thank you.

Adam


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Fiona

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16:19 PM, 2nd November 2022, About 2 years ago

Reply to the comment left by Adam at 02/11/2022 - 14:59I would just get in touch with Chris, possession friend here. He's great !
"He called up the council for advice and seems to think he is entitled to a 1 month notice as what I have done is illegal."
From how this is written, he is saying that your notice period is illegal. He isn't yet onto anything else ? It's normal for a lodgers notice period to be in line with their rental periods.
You have to understand, that your brain, right now, might be hi-jacking you, in a fearful state. Happens to all of us landlords when we feel threatened by tenants in some way.
Mostly. These situations DO resolve themselves, with just the unfolding of time.
Give him his one months notice then. It would be even better, if you could actually make your presence in the house more known. Stay there as much as possible ? It takes a real tough nut to stick around for lengthy periods when you are there.
Don't worry about planning, so much as the HMO status. Breaching planning is not a criminal offence. Breaching HMO status is.
Going forward. Should you wish to carry on with monetising your extra bedrooms. Consider having just one lodger. And letting out the other rooms on airbnb ? Or to contractors ?
Note. The litmus test here, of any tenancy being created inadvertently again, is this.
Is this their principal home, in the UK ? IE. Even a foreign student, only staying for a few weeks, might not have another home in the UK. In law, strictly speaking, you have created a tenancy, no matter what the paperwork says.

Chris @ Possession Friend

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16:44 PM, 2nd November 2022, About 2 years ago

Ian is right.
One of many issues I'd be concerned about, is the ' Online lodger agreement '
Let me just tell you a short summary of a landlord in 'trouble' that has recently approached me.
She used an antiquated WHSmith lodger agreement but has actually created Tenancies, by partial exclusive possession.
Council are looking at her for HMO selective license breach and told her tenants to approach an RRO claim farmer. In addition, she wants possession but the HMO issue has to be resolved first before a valid Sec 21 can be considered.
Taking in a lodger needs a LOT more thought than many give it credit.

DPT

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18:36 PM, 2nd November 2022, About 2 years ago

An owner occupier is allowed up to 2 lodgers without creating an HMO. If this is exceeded then the property would be an HMO and may need a licence and/or planning consent in some boroughs.
A lodger will only have a licence or non-assured tenancy if the landlord lives at the property and in your case this is in question. If a lodger ever decides to challenge this, they need only assert that they have an AST and you would have to prove in court that this is your principal/only place of residence. You could lose such a challenge if you spend most of your time at your partners property.

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