Advice Living with your Landlord This information is accurate as of April 2017
1
Living with your Landlord If you live in the same house as your landlord, you don’t have the same rights as a tenant in a self-contained property. It’s likely that your residency status may be an excluded occupier (lodger) or a subtenant.
Lodging You are a lodger if you rent a room in your landlord’s home and share facilities such as the bathroom and kitchen. A lodger has their ‘own’ room and lives in the owner’s home however they don’t have the right to exclude the owner from their room or any part of the property. As a lodger, you can’t put a lock on your door, but a landlord must respect your privacy for example, if they wish to enter your room they must seek permission in advance and you must be given an opportunity to say no. A landlord isn’t obliged to provide a lodger with a contract but it can be helpful to have a written agreement in place which sets out the rights and responsibilities of both parties. As a lodger, you could be moved to another room in the property if required e.g. while a guest is visiting. A lodger can raise objections but has no legal rights to back these up. Lodgers may have extra services such as meals, cleaning and laundry included as part of their rent.
Deposits for lodgers You might be asked for a deposit to cover damage to the property or unpaid rent however this won’t be covered by tenancy deposit protection rules. When you move out, your deposit should be returned to you however the landlord can make reasonable deductions.
Repairs The landlord is responsible for keeping their home and your room in good repair. Report any issues to them.
http://www.goldsmithssu.org/advice
This information is accurate as of April 2017
2 Rent and rent increases You pay the rent as agreed with your landlord. Your rent can’t be increased during the fixed-term of your tenancy unless you agree to it, however your landlord can increase the rent after the fixed term ends. Ask for a receipt if you pay rent in cash.
When you’re asked to leave If your landlord wants you to leave, they only have to give you reasonable notice. They can evict you by giving verbal notice and don’t need a court order. It may be the case that you have a written agreement which gives you additional rights.
Eviction You have to leave once your notice expires. If you have a fixed-term agreement, it’s more difficult for the landlord to evict you during the fixed term, unless there’s a break clause in your agreement. It is a criminal offence for your landlord to use or threaten violence while evicting you.
Are you a subtenant? You could be a subtenant if another tenant rents the place you live and you then rent it from the tenant. This is known as subletting. The tenant is your immediate landlord and the owner of the property is called the head landlord
Rights of subtenant? Your rights depend on: • the type of accommodation you live in • whether you share with your immediate landlord • the date you moved in • what your tenancy agreement says
http://www.goldsmithssu.org/advice
This information is accurate as of April 2017
3 Subtenants have a valid tenancy for as long as they have a tenancy with the immediate landlord and the immediate landlord’s tenancy continues. Subtenants can have different types of tenancy depending on their living arrangements.
Eviction of subtenants It’s easier for the head landlord to evict you if the tenancy ends for the person you rent from and your sub-tenancy has not been accepted by the head landlord.
For more information Shelter • http://england.shelter.org.uk/get_advice/sharing_and_subletting Citizen’s Advice Bureau • https://www.citizensadvice.org.uk/housing/renting-a-home/ subletting-and-lodging/lodging/what-rights-do-lodgers-have
Contact Us Visit us on the Goldsmiths Students’ Union website and click on Advice or contact us via e-mail: advice@goldsmithssu.org.
http://www.goldsmithssu.org/advice
This information is accurate as of April 2017