Skip to content

Live Q&A - with experts on renting and sharing from SpareRoom and Shelter

    • Moderator

      Our first question is from Ricki who asks:
      "What can I do - my landlord always asks for rent 5 days early?"

    • Shelter

      As you have a live in landlord, you will be an excluded occupier and will have very low rights. You will be liable to pay rent as per any contractual arrangement you had with your landlord. This can be difficult to identify without a written agreement, however a verbal agreement is also legally binding.

      You should negotiate with you landlord and exp that you are only liable to pay rent on the date initially agreed. Bear in mind your security in the property. Your landlord could retaliate by evicting you, and you have would have very little rights if the landlord was to do this. You can read about these rights here: Shelter: Sharing and subletting

    • SpareRoom

      It may be that the landlord is trying to ensure that they rent is with them by the due date. You could offer to set up a standing order so the rent is paid on a regular basis.

    • Moderator

      Next up is BB who asked us "I would like to know how to deal with a situation where the lodger is not cleaning her room for nearly two months. I am worried that this will cause an infestation of flies or bugs. She eats and drinks in her room and leaves the rubbish on the floor."

    • Shelter

      The starting point to this sort of problem would be to negotiate with your lodger. Its perfectly reasonable to request your lodger to keep the room clean. You could use the possibility of eviction as leverage for your negotiation. You can read about your lodger's eviction rights here:
      Shelter: Sharing and subletting

    • Moderator

      Joanna has sent us a question in advance as follows:
      "Hi - I keep one of my rooms for short-stay guests (usually one-offs of 1-7 nights). On some sites I advertise with, there is a review option that allows the guest and the host to answer a simple yes and no to a few key questions. The host 'rates' the guest for cleanliness and tidiness, communication and whether they would be welcome back as a guest.

      Would this be an idea for your site? Or has it been discussed and agreed not relevant in your case?"

    • SpareRoom

      We would have to ensure that everything submitted about an advertiser was legally correct, which unfortunately we would not be able to moderate as a classifies listings site. This is something that has been considered in the past, however, until we are able to find a way of doing this that meets all of our concerns, we will not be able to host this on our site.

    • Moderator

      Loma, a live in landlord with lodgers has asked us in advance:
      "I am aged 75 and live alone so I have had lodgers on and off for 4 years, they come and go. I have Single person 25% reduction on my Council tax if I have a part time job and more if I am not working and claiming Pension Credit.
      My lodgers have never wanted to appear on the voting register so as far as they know I am the only occupant of this house.
      Do I have to declare to the Council that I have a lodger as I am sure if I do I will have to pay more Council Tax? I would rather keep quiet but what would they do if they find out?"

    • Shelter

      You are legally responsible to let the council know if you have another non-dependent living in your property including a lodger. This would normally mean that you are not eligible for the single persons discount. If the council are made aware that there is more than one adult living in the property that does not fall into one of the exemptions (for example full time student) then you will be liable to pay the full amount. You may also be liable to pay for any period where you have not been eligible for the single persons discount. Which may mean you get lumped with a large sum of money to pay. It is best to let the local council know of your situation. If you are sent a large bill for unpaid council tax you may want to get some money advice from an organization like The Money Advice Service or National Debt Line.

    • Moderator

      Adela asks:
      "I found a hidden camera in my bedroom that my landlord had put there. He admitted it and was arrested. He is likely to be fined, but I am worried that there is nothing to stop him from doing the same thing again to another lodger. How can lodgers be sure their landlord doesn't have a criminal record for voyeurism/stalking/sex offences?"

    • Shelter

      Hi Adela, Sorry to hear about your situation. I assume you have now left the property. Unfortunately there is very little regulation on landlord in the private rented sector, especially with residential landlords. The police are best placed to deal with this situation. You could however contact your local council. Some councils are starting to have tighter control over the private rented sector and many now have rogue landlord lists. You can enquire with your councils housing department or private rented sector team to ask if they are able to help in anyway.

    • Anonymous

      This is terrible. Many local authorities are now introducing compulsory licensing schemes, which require the landlord to demonstrate he has no criminal convictions before being granted a licence. So far, this is the only way tenants can protect themselves in the UK's almost unregulated market. Hopefully soon all local authorities will have a licensing scheme, but it might take a while. Contact your local renters group for help (@wf_renters).

      Moderator

      Thanks for your input - although the experts from Shelter are saying your post isn't entirely correct as not all local authorities will have these schemes in place, and even where they do, they only cover very specific areas. If in doubt, check with your local authority about licensing schemes.

      Anonymous

      As I said, they're introducing them - not many are in place yet besides Newham and Oxford. I can think of at least 10 authorities considering it, but as I said, it might take a while. Certainly in Waltham Forest, it is being introduced next year. I've studied this for a couple of years now and I work in this field! Thanks, Waltham Forest Renters (www.wf-renters.org.uk)

    • Moderator

      Anna asks "How soon can I ask a lodger to leave?"

    • Shelter

      Because you live in the same property with your lodger, and share living accommodation with them, your lodger will be classed as an excluded occupier. This means they have limited rights. I assume your lodger rents a room and has sole access to that room. In this case they will be an excluded tenant. Your tenant is entitled to any notice period set out their written agreement. If you have no agreement, or the agreement is silent on the matter, you have to give reasonable notice. Reasonable notice is in line with the rent period. For example, if your tenant pays rent monthly, you should give them a month notice. Additionally, this notice should end on the last day of the tenancy period. e.g if the tenancy runs from the 17th to the 16th of each month, the notice needs to be one month in length, expiring on the 16th.

      You can read more about notice requirements for excluded occupiers here:

      Shelter: Sharing and subletting

    • SpareRoom

      You can ask them to leave with reasonable notice, for example, in our lodger agreement we provide on Spareroom, this is 1 month and would usually have been agreed at the start of the lodging.

    • Moderator

      Iole asks "We had rats in the flat. We called the pest control and got rid of them, but there is a hole in the kitchen and the rats keep coming back and we keep putting down the poison. I would like the landlord to take serious action instead of keeping telling us to put the poison down. And I dont think it is fair I have to pay for a room where sometimes I cannot sleep because of the horrible smell. How can I move forward?"

    • Shelter

      I would advise you to contact your councils environmental health department asap. They have a legal duty to ensure all properties are free from hazards and statutory nuisances including pests. The council should take steps to ensure the problem is eradicated. If you are not happy with how they deal with it, you can put in a formal complaint to them via their complaints process. It sounds like you may have a licensable house in multiple occupation (HMO), and this would certainly be the case if your property is in a property with 3 or more floors. Having a HMO means the council have to have tighter control over its condition. This would give you additional weight to argue the council need to do more to help you. You can read more about HMOs here: Shelter: Private Renting Agreements

      Your landlord only has a legal duty to take further action if the cause of the infestation is structural. E.g if the rats are entering the property through holes in the walls, as you say is the case. A landlord has a legal obligation to keep the structure and exterior of the property in good repair. The law states a landlord must repair any structural issue within a reasonable time period after the landlord becomes aware of the problem. If not, you could look at taking court action. You can read more about this and view some sample letters to negotiate repair here:

    • SpareRoom

      If you do not believe that your landlord is taking any action, you could contact your local council or environmental health to get this resolved for you. The landlord does have obligations to sort out this type of problem but if they refuse to do so the council may have powers to step in.

    • Moderator

      Gurmeet asked us:
      "Is there any risk if a lodger stays for several years in my house - I mean can he refuse to leave at a later stage or any other likely complications I should be aware of? I had a one year agreement which was over two years ago. I dont have any paperwork with him after the one year period. This is a good lodger, pays in time, lives clean and tidy, no nuisance at all. I am a live in landlord."

    • Shelter

      If you are a landlord that rents out one of the rooms in your home and you share facilities with your lodger, for example kitchen and bathroom they will either be and excluded licensee or an excluded tenant. The length of time that they live with you will not alter their legal status. They would be an excluded tenant if they have exclusive use of one room (if they have a lock on their room and you have not built in a clause in their agreement that they can be moved from room to room).
      If you have not set a notice period in your contract then the notice periods in common law should be adhered to.
      Excluded tenancy - the notice period is one complete period of the tenancy, for example, a week's notice for a weekly tenancy.
      Excluded licence - the landlord must give reasonable notice to leave the premises if the notice period is not set out in the licence agreement. The licensee cannot be evicted until the reasonable notice has expired. There are no set rules about what length of notice would constitute reasonable notice. It will probably depend on how long the occupier has been in the accommodation, the periods for which rent is paid, the behaviour of the parties and the availability of alternative accommodation

    • Moderator

      Suzanne has sent us this question:
      "The boiler keeps leaking and there's loads of power cuts. They have had plumbers in for days in the past 5 months since I rented and still haven't done the work suggested. The trip switch for the old electric system is in the main house as is the boiler controls and thermostat but I have the leaky boiler in my studio. It's driving me crazy and it's still not resolved. What can I do to get a rent reduction?"

    • Shelter

      Landlords have certain obligations in law to make repairs in their properties. The law states the landlord has a legal obligation to ensure any installation for the supply of heating and hot water, and for the supply of electricity is kept in good repair and good working order. The landlord must repair within a reasonable time period, and if he doesnt, you can take your landlord to court. Court action is a very last resort and you should use the threat of it in the first instance as a way to push the landlord into carrying out his repairing obligations and paying for the works. You can read more about this and find some sample letters requesting repair here: Shelter: Repairs and bad conditions

      There is no automatic right to a rent reduction, even if the landlord is in breach of repairing obligations. This has to be decided by a judge and settled in court. Many people avoid this by negotiating a rent reduction with their landlords, with the threat of legal action.

      Because you live in an annex in the landlords house, it is likely you will be seen as a basic occupier. This means that you have limited protection in law and can be evicted fairly easily. You may want to get some further advice on this before you take any further action. Unfortunately many landlords retaliate to repair disputes by evicting their tenants.

      You can read more about basic occupiers here: Shelter: Sharing and subletting

    • Moderator

      Andrew has emailed to ask:
      "I’ve given my lodger a document entitled "Assured Tenancy Agreement" because I was using an existing template. Does this mean I lose my right to give notice to the lodger to vacate within reasonable time, if there are problems? It is actually an excluded kind of tenancy – he shares communal areas with me. Can I simply add a para to say the landlord can give notice to vacate any time, 2 weeks in first month, and three weeks notice thereafter and the same goes for the lodger?"

    • SpareRoom

      In order to establish the correct notice period you would first need to establish what type of tenancy you have. I believe the Shelter Website has a Tenancy Checker which may be of help to you. Find it here: Shelter: Tenancy Checker

    • Shelter

      The type of tenancy a person has is determined by the reality of the situation, not how a tenancy agreement is titled. If a person has a live in landlord they will be an excluded occupier, not an assured shorthold tenant. They would not have the same protection in law that assured shorthold tenants have, however would have any protection that is given by the written terms in the contract.

      You state the contract gives a fixed term of 10 months, and this would be legally binding. You would not be able to evict your tenant before the 10month fixed term has come to an end. You would not be able to change those terms unless your lodger agrees to do so.

      Essentially, the title of the tenancy is not valid, however the terms placed within the contract will be legally binding.

    • Moderator

      Anon asks:
      "I live in a 8-bedroom 2-storey share house and was wondering what the legal minimum would be for the number of kitchens and showers per tenant? Currently 8 rooms are using one shower on the first floor because the one on the 2nd floor has been out of use for years. Also 6 people are using one kitchen on the 1st floor. What is the ratio of kitchens/bathrooms to tenants in a shared house?"

    • Shelter

      The property you describe is a HMO (House in multiple occupation). You can read more about HMO’s here: Shelter: Private Renting Agreements

      The law states:

      Where there are five or more occupiers sharing a bathroom and toilet facilities there must be —.

      -One separate toilet with wash hand basin with appropriate splash back for every five sharing occupiers; and.

      - at least one bathroom (which may contain a toilet) with a fixed bath or shower for every five sharing occupiers

      In terms of kitchen facilities, there is nothing in the law to state there must be more than one kitchen, however that the kitchen facilities must be adequately sized with adequate facilities.

      If you are unsure whether the facilities are adequate, I would advise you to contact the council’s environmental health department. The council may decide your property should be licensed in which case the landlord would be subject to tighter control.

    • Anonymous

      As a responsible landlord who does my best to make the house and flat comfortable for tenants, I am always surprised that it seems so difficult to offer rooms, when available, to people through Shelter or the local council. I have often informally helped people down on their luck but there does seem to be a gap in communication sometimes which is a pity. Any comments? Thanks

    • Moderator

      Thanks for your comment - we'll take it on board but this is more of a policy issue than a helpline issue. Please get in contact with Shelter's supporter helpdesk who can help you further. We'd like to focus on helping people with renting issues tonight if we can.

    • Moderator

      Keep your questions coming! Amber asks:
      "I rented a room from February. The contract was coming to an end at the end of August and the private landlord handed it over to an agency. As I could not move out earlier due to the changeover I got a sublet for the month of August. The landlord knew about this and said it was fine.

      At the end of the tenancy I asked about the return of the deposit and received no reply until a week into September, the day before the new tenants were going to move in saying the room was left with an awful smell the carpet would need replacing at my expense to get rid of the 'smell'. She also said the mattress was left in a bad condition and needed replacing. When I asked to see what she was talking about and chat face to face she stated she was too busy!

      Is she allowed to do this? The carpet was old and worn already. The boiler was also in the room and I have heard these can cause weird smells.

      Please can you help?"

    • Shelter

      Hi Amber,

      It sounds like you had a sole tenancy for your room, and that the deposit is protected in your name individually. The deposit is your money and should be returned to you in full unless the following apply:

      - The landlord has suffered financial loss, and
      - It is reasonable for him/her to withhold the money

      For example, if you’ve broken a window, it may be reasonable for the landlord to withhold the cost of repairing it. The property should be left in a similar condition to the day of let, however it isn’t reasonable for a landlord to withhold money to cover wear and tear caused by normal use of the property.

      You will find further information about when a landlord can withhold deposits here: Shelter: Tenancy Deposits

      If the carpet was in a poor state when you moved in, it is unreasonable for the landlord to charge you for this. The same goes for the mattress - if the mattress is worn just because of normal use, this is likely to be viewed as wear and tear. You state your deposit is protected. You can ask the deposit scheme to offer you ADR (Alternative Dispute Resolution). ADR allows you to resolve the deposit dispute without going to court. The scheme would want to see evidence that it’s reasonable for the landlord to keep your deposit. You would be able to find more about ADR by looking on your schemes website.

    • Moderator

      Anonymous asked us "One of my flatmates started stealing from me and I reported this to the (live out) landlord, who said if it happened again hed be given notice. It happened 4 or 5 times more and nothing was done. He then said it was my responsibility to keep my goods safe from theft. Is this correct? "

    • SpareRoom

      Unfortunately we believe that there is not much your landlord can do at this stage, however, as there has been a theft, we would recommend reporting this to the police. If the police do become involved, your landlord may want to become involved at this point.

    • Shelter

      Unfortunately these sorts of problems can be really difficult to resolve. As all tenants have right of access to the communal areas, it can be difficult to control other people taking advantage of your belongings. There is little you can do legally in this situation to change your flat mates behavior. Practical solutions include negotiation; which you may have tried, and speaking to your landlord. Usually a threat of eviction is enough to resolve these issues. You may want to speak to your landlord again to see if they are willing to take further action.You could also consider speaking to the police, as theft is essentially a criminal matter.

    • Anonymous

      As a live-out landlord, do I need to give my tenants a rent book? I used to but as they all pay direct by standing order or by bank transfer I don't see them to sign any rent book, so now I email them a screenshot receipt of the payment as soon as it credits my bank. Is this ok? Thanks

    • SpareRoom

      Yes this should be fine. There is a record of the transfer in both bank accounts and your screen shot would confirm receipt of the funds.

    • Anonymous

      Hi Where do I look for the answer to the question I sent in early?

    • Moderator

      Hi, we are posting them into the event as we go, so keep an eye out for it.

    • Anonymous

      Thinking about subletting 2 rooms in the flat I am the leaseholder on. Do I need to get the landlords permission?

    • SpareRoom

      Yes you would need to have the landlord's permission. We'd suggest getting this in writing to avoid any future issues.

      Anonymous

      thought so - thanks!

    • Moderator

      Caroline asks:
      "Hi – I’ve been living for 11 years in a large but quite rundown property (9 tenants). We changed landlords recently due to illness (in the same property company) but the new landlord although we’ve dealt with her before is quite complacent. We were burgled twice, and the 2nd break in was completely preventable as security measures she’d agreed to hadn’t been installed. There was an issue with the water running out at weekends which got progressively worse over 6 months and although she was informed, it wasn’t looked at until the hot water tank had to be replaced (also delayed) and the plumber investigated the problem.
      All bills including household items are included in the rent – except broadband/wifi. She advised she was going to install this last year but it hasn’t been done, and as a result I did not take up reduced offer on my own broadband contract and have paid more over the last year and have service issues.
      A tenant moved out recently and the landlord turned up at the property on Sunday unannounced, engaging one of the new tenants to show several people round for viewings she’d arranged. I found this inconsiderate, especially since when we were burgled it took her 4 days to even come round and inspect the damage, and despite informing her several times of the water issue she never once responded, let alone came round on a weekend when the problem was occurring.
      The cold water tank was found to have an asbestos cover, there’s also a very old fusebox for my storage heater (the rooms in the top of the house don’t have CH). The kitchen cooker was found to be unsafe but it took nearly 6 months for it to be replaced – the plumbing and storage heaters are old so I wouldn’t be surprised if they’re breaking environmental standards.
      Do the tenants have any legal redress re the above?"

    • Shelter

      Hi Caroline,

      You have a lot of issues going on here with your landlord, and certainly have legal rights with these problems. However its going to be difficult for me to address all of these issues sufficiently in this Q&A session. It would be a very good idea for you to call the Shelter Helpline to speak to a specialist adviser who can address each of these issues. You can find the contact number and opening times here: Shelter: Opening Times

    • Moderator

      Kate has written in to ask:
      "Does a Mon- Friday lodger pay for days/nights when not in residence (i.e. Christmas, Bank Holidays and if ill )"

    • Shelter

      This will really depend on the lodger agreement and what it states. If there is no exception for bank holidays and if ill then it is likely that the lodger will still be liable for these days. Conversely this means that the lodger is entitled to stay there on these days. If there is any doubt you can have your local Citizens Advice Bureau check out the agreement

    • Moderator

      Dave N wrote in to say :
      "I had a possible future tenant, who offered half a months rent to reserve the room. Due to that process I informed others that the room was taken.
      The same person inspected the room at a later date, but due to the location of the room facing a cemetery chose not to take the room.

      Can I pursue the payment from her and if so how many months rent can I claim from her, my minimum rental is 3 months"

    • Shelter

      Hi Dave,

      This would depend on what was agreed with your prospective tenant, and the terms and conditions set out in the written contract. It sounds like the contract was clear that the money paid was a holding deposit, in which case it is reasonable to withhold the half months rent. If the client had agreed to pay rent for a full 3 month fixed term, you could argue she is liable for this payment. However the wording of the contract will determine whether your tenant has a legal responsibility to pay rent regardless of accepting the tenancy or not.

      If you took this person to court to argue the money is due, the judge will consider what she has contractually agreed to by signing the contract, but also the fact you took a holding deposit. The judge may argue this is sufficient to cover you from loss of the prospective tenant pulling out, and is likely to consider whether the room can be easily re-let. Unfortunately it can be very difficult to give a definite answer to these sorts of questions, as ultimately it would be up to a judge to decide.

    • Moderator

      Alex writes:
      "My landlord has sold the flat I am renting. I have been given 2 months notice to quit by the letting agents. They are holding my deposit. The flat has been sold to a young couple who are going to live in it. As the only contract is between myself and the landlord, am I legally bound in any other ways to abide by any clauses from that contract. Can any of my deposit be withheld if the carpets are not professionally cleaned, for example."

    • Shelter

      Despite being given notice your tenancy has not come to an end. You cannot be legally evicted without the landlord providing you the correct notice and if you have not left by the end of the notice taking you to court to get possession back. It might be a good idea to get a local Citizens Advice Bureau or Council to check that your notice is valid. If you choose to stay past the end of the notice and your landlord has to go to court to evict you, you may be liable for any costs s/he has incurred doing this. Only a court appointed bailiff can legally evict you.

      The terms of the contract are still valid and binding despite the landlord serving notice on you. This means you are still obliged to adhere to the terms of the contract. Like pay the rent and behave in a tenant like manner. If the tenancy agreement specifically states that you need to get the carpets cleaned and you do not then the landlord may legally withhold your deposit for the amount that it costs to professionally clean the carpet.

      It may be a good idea to check if your deposit has been protected and that you have had prescribed information served to you within the first 30 days of you paying this. If he has not he could be liable to pay you compensation. You can find more information on this here. Shelter: Tenancy Deposits

      If he has protected your deposit and you do not agree with the deductions you can raise a dispute with the deposit schemes alternative dispute resolutions service (ADR). The landlord has to agree to enter into this. They will then make a decision as to whether the landlord can make the deductions they are trying too.

      If the landlord refuses to enter into ADR then you can make a small claim for the amount that is in dispute. You can make this at your county court. You will find more information on how to do this and the process you have to follow on the link above.

      You must be aware that there is a cost involved in making a small claim, the amount depends on the value of your claim. You local court can provide you details of these amounts. If you win you can ask the judge to award these costs back to you.

    • Moderator

      Abi has asked us:
      "I work abroad but i want to rent my second room out.

      I am concerned that a lodger would rack up a big heating bill while Im away. (The flat is quite big and Harrogate is a cold place!) I don't want to change the meter to a coin meter because i come back during the holidays.

      Secondly I don't really know how to ask a lodger to leave?"

    • SpareRoom

      You could write into your contract something about fair usage so they are aware of being careful with the heating in your absence. If they use more than a fair amount, they will be responsible for paying the extra.

      Most lodger agreements require reasonable notice , the one Spareroom provides states that the notice is one month for either party.

    • Anonymous

      Is refuse collection covered in council tax? New to London.

    • Moderator

      Yes, that's what you pay the council for. As well as street lighting and fire engines and all the rest of the local services.

    • Shelter

      Refuse collection is usually covered under your council tax bill along with other services including Police and Fire Services. You can check with your local council who should be able to give you a breakdown of what you are paying for.

    • Moderator

      Ange asks:
      "If the boiler is deemed not fit for purpose, recommend replacement from last boiler inspection, yet still passed, does the landlord have a legal obligation to replace it?
      Its not a combi boiler and takes 20 mins to heat up water, or will burn gas continuously if left on. I live in a self-contained studio flat on my own and find the ageing boiler a pain, as if left on my gas bills are astronomical, and if left off I obviously have no hot water."

    • Shelter

      Hi Ange,

      A landlord is legally responsible to keep any installation for the supply of heating and hot water in good repair and good working order. If the boiler is in disrepair the landlord therefore has to fix it, and has to do so within a reasonable time period. If the landlord does not, you can take your landlord to court.

      It sounds like your boiler has only been recommended for improvement and not repair. Landlords are not under any legal obligation to carry out improvements, and this can only be negotiated. It can however sometimes be difficult to distinguish between improvement and repair, and you perhaps need some further advice from a gas engineer to establish whether your boiler is broken. If you do feel it is an issue of disrepair, you will find this page on landlord repairing obligations useful. It also has links to sample letters: Shelter: Repairs and bad conditions

      You may want to see if you qualify for a boiler replacement scheme - this may be likely if you are on a low income. You can make enquiries with the British Gas energy trust: 0800 294 0207

    • Moderator

      Zohreh asks
      "Please could you advise if I use a lodgers agreement if I still have to provide deposit protection for the tenants - for example on my deposits?"

    • Shelter

      It is difficult to determine your exact situation from the information you have given us.

      If you live in the same converted building as your tenants it may be that they are considered occupiers with basic protection. If this is the case then there is no requirement to protect their deposit in a government approved scheme.

      If your annex is considered a separate dwelling and is not part of the same building then despite your office being in the building they may be Assured Short hold Tenants (AST). In which case you are legally obliged to protect their deposits.

      The title of their contract is not important as an AST can exist without a written tenancy. Legally the tenants security of tenure is determined by what is happening in practice. There are certain legal requirements that, if fulfilled, mean that the tenant will be an AST despite the wording of the contract or the intention of parties involved.

      As it is so difficult to determine over the internet what type of agreement is in place. I would suggest that you get your situation checked out, face to face by a case work service in your area like a Citizens Advice Bureau, Law Centre, or speak to a solicitor. If your tenants have ASTs and their deposits have not been protected you could be liable for hefty financial penalties so it would be best to be sure.

      Moderator

      In general if you're living in the same building as the lodgers, then deposit protection rules don't apply. You can choose to protect the deposit for peace of mind in case of dispute. More info here: SpareRoom: info for landlords - tenancy deposit scheme

    • Moderator

      Zohreh - the answer depends on whether you are technically living in the property with your lodgers. If they are living in a separate building it can be quite complex.

    • Moderator

      Lucy has written in to ask:
      "I am relocating outside of London and need to cover the costs on my 2 bedroom flat.
      It is a shared ownership flat with a housing association so not sure legally where I stand with letting it out.
      I would need to leave bits of furniture with some of my personal belongings as I dont have room to take them with me.
      Would it be an idea to let out one room and put personal belonging in the spare room.?
      What would you adviseIm looking for the best and quickest option to safeguard my property and belongings and cover cost of rent and mortgage etc."

    • SpareRoom

      Firstly, you would need to check with your housing association first that you are allowed to let out rooms in your property. If you are, it may be an idea to keep your personal belongings in the spare room so these are protected in one place and keep this locked. You could also stipulate that there is no access to the spare room in your agreement with your lodger.

    • Anonymous

      My landlord is looking to increase the rent by 22% - do I just have to take it or leave it? Any options? Seems a little excessive.

    • SpareRoom

      You may like to try and negotiate this with your landlord and if you have been renting with them for a while, they may be happy to meet you half way to keep a good tenant, rather than face the prospect of having to start over. If they do choose to enforce this however, there is little that you will be able to do.

    • Shelter

      Rents in the private rented sector are not regulated. Landlords can essentially charge what they want, and most landlords are influenced by market forces. However there are certain restrictions as to when and how a landlord can increase rent. If you have a fixed term contract, see what it states about rent increases. If you have a periodic (rolling) contract, you are bound by the rent set out in your last signed contract and the landlord can only increase the rent by serving you with a one month notice of rent increase. This is on a legal form called a Section 13 notice of rent increase.

      Most landlords increase rent by asking tenants to sign new contracts. If you do so, you will be bound to that payment. You will need to try to negotiate the increase down.

      You can read more about rent increases here:
      Shelter: Private Renting cost of renting

      The risk is that if you do not agree, the landlord may retaliate by evicting you. You can read about your eviction rights here: Shelter: Private Renting cost of renting

    • Anonymous

      Worried that I am not going to get my deposit back. What is acceptable wear and tear in a 12 month contract?

    • SpareRoom

      It may come down to opinions and so it is always wise to have an inventory when you move in and complete this again when you leave. If both tenant and landlord can do this together and agree the condition of items this should help you reach a mutual opinion of what wear and tear is.

      Anonymous

      It is a legal requirement that the landlord puts your deposit in a third party deposit protection scheme. Adjudication on 'wear and tear' is done by the independent third party at the end of your tenancy - it is NOT down to the tenant and landlord to agree and I'm shocked that someone at SpareRoom would suggest it is. If your landlord has not put your deposit in a government-backed deposit protection scheme, you can apply to a court and you could win three times the amount of the deposit. But watch out for the sneaky trick, where they protect the deposit the day before the court hearing!

      Moderator

      There's no legal requirement for live in landlords to protect deposits, as things stand. Deposits have to be protected if you have an AST, within 30 days of the contract being signed so the last suggestion wouldn't be applicable.

    • Shelter

      It is difficult to provide an extensive list of what constitutes as reasonable wear and tear. It depends on a lot of different factors. A barely visible mark on a wall might be considered fair wear and tear where is a gouge in the plaster may be considered as damage. Which could be deducted from your deposit. On a practical note one way of protecting yourself is making a note of any damage present before moving in and taking photos and doing the same when you leave so you have evidence if you need to demonstrate you left the property in a reasonable state. You can read more about getting your deposits on our website here: Shelter: Tenancy Deposits - getting your deposit back

    • Anonymous

      Hi,
      We were couple of tenants. Joint contract with private landlord managing property (studio flat) herself(only let through agency) I would like to know:
      1. Where to claim when we paid council tax to landlady as per agreement (all bills and council tax included) but she didn't pay to council tax collectors? Now we have paid to her and collectors as they by law charged us. There is unfortunately no way to talk to landlady about a problem (We are two people therefore cannot claim on money claim as it is only for individuals)

      2. If and how roughly much of rent can we as couple of tenants claim on landlady who left us with no hot water from end of Dec until Jun?

      3. Can we claim any compensation for same problem plus her bullying with we have in emails! so easy to prove

      thank you very much

      Petr

    • Moderator

      Sorry we weren't able to get an answer to you in the time. We have your email address and will respond to you shortly.

    • Moderator

      We had an Anonymous question as follows:
      "I suffer with sleep disorders, headaches and upset stomach (all stress induced and aggravated). I survive on a self employed basis in privately rented accommodation.

      My present landlady is obsessive about her rules, refuses to do repairs (fridge door, the kitchen sink tap and gas hob knob all faulty). She tried withholding mail but has since been dissuaded, although she has given me notice to quit for insisting on a room key and key to the mailbox.

      She is a live in landlady. Her English isn't great. She can't- or won't - understand that delivered mail that is tampered with and threatening to withhold mail are serious matters. I sometimes take possession of quasi-legal documents for work, which must be secured. My having to leave my room unlocked in the presence of 'her friend' doing repairs is utterly unacceptable

      To whom should I complain? What remedies are available? What penalties can be imposed?"

    • Shelter

      It can be very difficult to deal with these sorts of problems when you have a residential landlord. It seems your landlords behavior is unreasonable, however it can be very difficult to force a person to change their behavior. Some of the problems you describe however could constitute harassment. Your landlord should not be opening your post for example. You could contact your local tenancy relations service, which should be located within your local council. Such services are sometimes called private rented sector teams. Tenancy relations officers are specialised to deal with landlord harassment, however I must warn you that often they can be reluctant to get involved with residential landlords. You may also wish to speak to the police as harassment is essentially a criminal matter.

      All landlords have certain responsibility to make repairs in their properties. You can read about landlords repairing obligations and view some sample letters for negotiation here:

      Shelter: Repairs and bad conditions

    • Anonymous

      A landlady/lord entering your home without your permission is trespassing, and possibly harrassment. Report it to your local council, who have a duty to intervene when landlords break the law

    • Anonymous

      I just moved to the UK. I own my own property in Spain. I never rented before. Landlords seem to be looking for a lot of references. Any other options to prove that I am trustworthy? Really don't want to get my employer involved.

    • SpareRoom

      Landlords often ask for different things in terms of references and so it is worth asking each one individually. A landlord may want to know how you are going to pay your rent and so a providing them with a reference from a new employer which shows you are going to be employed on a permanent contract with a regular income, may be enough to satisfy them. In terms of an identity check Spareroom provide a tenant reference service. You could suggest to the landlord that they contact us in relation to an international passport check. More details about tenant referencing here: SpareRoom: info for landlords - tenant referencing

    • Anonymous

      Sorry, but I'm facing the problem for 2 weeks now:

      I'd like to set up new photography company as a sole trader, I, obviously, need a correspondence address as I'm not planning to welcome and meet with clients in a rented house. Despite a clause in my contract, that I'm not allowed to use the premises as a business/company office, my landlord is keen to help me but he's worried about consequences (like paperwork from council, new tax, changing type of premises etc...).
      Can you advise me, is it possible, and allowed by the law, to register rented house address for correspondence purposes as sole trader?

      Thank You in advance

    • Moderator

      Shelter are struggling to answer this as it's not a pure housing question. They would recommend you contacting the Federation of Small Business who may have more experience in this area. In general it's a clause that's intended to prevent people setting up large manufacturing bases in the living room, which is obviously not what's happening in your case. Check with them.

    • Moderator

      Sarah's very stressed about this issue and would welcome some advice:
      "After discovering a problem with the floorboards in one bedroom, the issue has escalated to the whole flat needing to be re-floored with joists needing replacing due to an ongoing plumbing problem that wasnt spotted till now.
      We are being temporarily rehoused by the landlord but this is very inconvenient and we wont have wi-fi access.
      Hes suggested we wont have to pay rent for the period that were out of the flat, but are we entitled to any other compensation as well almost certainly be out of pocket and its all very stressful too."

    • Moderator

      Answer from Joanna at Shelter:
      Hi Sarah,

      Unfortunately there is no automatic right to claim compensation for disrepair. The law states a landlord is responsible for keeping the structure and exterior of the property in good repair, and that the landlord has to act within a reasonable time period. The landlord is not under any legal obligation to provide alternative accommodation even if a property is rendered uninhabitable, and is not under any legal obligation to pay compensation. This does not mean however that it is not reasonable to request compensation, and many people do. Ultimately if you cannot negotiate a payment of compensation from the landlord, you would have to take it to court and ask a judge to decide. This can be complicated and expensive, and therefore ensure you exhaust all other options beforehand. A threat of court action can sometimes push a landlord into agreeing compensation. Be aware of your eviction rights though, some landlords can retaliate to disputes by ending the tenancy.

      You can read more about eviction rights here: Shelter: Eviction - eviction of private tenants

    • Moderator

      We're posting up some additional questions we didn't have time to answer during the event. Here's one from James:

      "When a lodger has given notice to leave, how do I prevent them from using their deposit to pay their last month's rent and not making the last month's rental payment?"

    • Shelter

      Shelter responded: "Hi James, unfortunately there is little that you can do to stop a lodger from doing this. Your lodger will have a legal obligation to pay the last months rent as normal and you can negotiate this with them by explaining they will be in breach of contract if they fail to do so. The purpose of the deposit is to secure against any loss, including rent arrears. Therefore your lodger may not actually owe you any rent once the tenancy comes to an end, if the deposit is available for you to use."

    • Moderator

      Lee wrote in to ask:
      "In April 2012, I vacated a House share after living there for 4 and half years, as the Landlady terminated the agreement. Now, two years later she still hasn't paid me my £500 security deposit back!!

      She refused to speak to me when I questioned as to why. She sent me various emails including a list of items which she said had to replace such as the cooker and carpets which were there prior to me moving in.

      I have also found out since that the deposit was never put in a trust fund, and that she also made people sign the wrong contract. Instead of signing a shorthold tenancy agreement she got people to sign a houseshare agreement which I later found out was for tenants and landlords living in the same house, I lived with 3 other tenants who also had money taken from their security deposits. Can you help me to get my deposit back?"

    • Shelter

      Shelter answered: "The type of tenancy you have is dependent upon the reality of the situation, not what a landlord puts on paper. Most people who have non-residential landlord are assured shorthold tenants. You can read about assured shorthold tenancies here: Shelter: Private Renting Agreements

      Landlords of assured shorthold tenancies have a legal obligation to protect deposits in one of three government schemes. The landlord should have done this within 30 days of you paying the deposit and should have given you information and a copy of the protection certificate also within 30 days. Unfortunately because your deposit is protected, you cannot use the schemes dispute services. The only way you can force the landlord to repay the money is by taking her to court. Assured shorthold tenants are legally entitled to compensation of at least one times the amount and up to three times the amount of the deposit, alongside your deposit if there are no arrears and no damage to the property. Most people take this sort of action without the help of a solicitor, and you can read more about this process here: Shelter: Tenancy Deposits - getting your deposit back "

    • Moderator

      Susan queried
      "In the last month or so, one of my flatmates has decided to help himself to my food from cupboards and fridge and also other products in kitchen and shared bathroom. The bathroom is shared by myself and him, so I know it can only be him using these. I have asked him twice now to refrain, and that whilst the space is communal, my food and products are not.

      He sees it that he does not have to help clean any part of the flat, and leaves a trail of mess behind him. We have all had a conversation about respecting each other in the flat and keeping it clean for others, but it seems to be falling on deaf ears.

      I dont want to single him out as it might make the flat uncomfortable, but I would appreciate any help offered to try and help get him to see how rude this behaviour is towards other flatmates?"

    • Shelter

      SpareRoom says: "Hi Susan,

      Unfortunately these sorts of problems can be really difficult to resolve. As all tenants have right of access to the communal areas, it can be difficult to control other people taking advantage of your belongings. There is little you can do legally in this situation to change your flat mates behavior. Practical solutions include negotiation; which I appreciated you have tried, and speaking to your landlord. As your landlord is your friend, they may be willing to speak to the housemate and request the behavior to stop."

    • Moderator

      Karolina asked us:
      "I'm renting a house and the shower doesn't work at all. The light in the kitchen doesn't work either and needs a special person to fix it. My landlord said he is going to do it and every week we hear its going be next week. He doesn't want to give us a date when someone is coming to fix this problem. How can I act on this matter and make sure he will do it?"

    • shelter

      Shelter responds: "Hi Karolina,

      Landlords have certain obligations in law to make repairs in their properties. The law states the landlord has a legally obligation to keep any installation for the supply of water and sanitation in good working order, and also any installation for the supply of electricity. This does not extend to fixtures and fittings. If the problems are due to plumbing or an electrical fault then the landlord must repair within a reasonable time period, and if he doesnt, you can take your landlord to court. You can read more about this and find some sample letters requesting repair here: Shelter: Repairs and bad conditions

      If the cause of the problem is with the actual shower or light fitting, the landlord will not have a legal obligation to repair. However you negotiate that it is reasonable for the landlord to repair quickly, you would just need to get the landlord to agree. You may want to see if your local council has a private rented sector department who would be willing to negotiate on your behalf."

    • Moderator

      Di asked:
      "Our sons deposit was paid by my husband and this is noted on the protection certificate. The landlord returned the deposit to our son directly minus quite a large sum for re-decorating due to him using white tack on walls. Our son says he had forgotten that we paid the deposit and we were not involved in the discussion re: return of deposit. I dont think he was aware that he could contest it. Is it too late to get more of it back?"

    • Shelter

      It sounds like your sons deposit was protected in one of the government schemes. The schemes offer a dispute service called Alternative Dispute Resolution (ADR). The schemes can offer ADR if there is a dispute between landlord and tenant in regard to the return of the deposit. It is highly unlikely that the schemes would be able to offer ADR on the basis your son has agreed to the deductions. Regardless of your husband paying the deposit, decisions about the deposit are legally viewed between the landlord and tenant. You may want to make enquiries with the protection scheme on behalf of your son, however it is most likely your son would need to start a small claim against the landlord in the small claims court. This is a matter of last resort and negotiation with the landlord initially is important. You should explain why you disagree with the amount withheld and ask the landlord to reconsider.

    • Moderator

      Jason asks:
      "As a live in landlord, why am I being taxed if I want to let a room in my house (£450) per month.
      As a landlord of a property I don’t live in, can I demand that the carpets are dry cleaned on termination of letting with a standard AST?
      Can I remove the dishwasher from the house should it stop working or do I have to replace it (live out landlord, standard AST)?"

    • Shelter

      Regarding tax, if you let a room in your own home and it is furnished, you should not pay tax on the first £4250 per year. This is if you use the Rent a Room Scheme. However if you have large amounts of expenses you wish to claim, you may wish to submit a tax return as this might be better for you - more details in our guide to the Rent a Room scheme here: https://www.spareroom.co.uk/rentaroomscheme

      Regarding the cleaning and the dishwasher repair, Shelter advisors have answered your query as follows:
      A tenant is only responsible for specific damage, and not wear and tear. The property should be left in a similar condition to the day of let, minus wear and tear. Standard cleaning charges are often looked at unfavorably by judges and representatives during deposit disputes. Charges should always be reasonable and the office of fair trading object to tenancy clauses which subject a tenant to cleaning charges if cleaning is not necessary. A clause in the contract that cleaning will be required if the carpets are damaged by the tenants would be reasonable.

      A landlord is not obligated to repair or replace white goods unless stipulated in the contract or otherwise agreed. You should check the wording of the agreement you have given your tenants to see whether you have any contractual obligations. If you have let the property with white goods specifically included, it is often deemed reasonable for landlords to repair and replace such goods.

    • Moderator

      Christina asked:
      "I have a few questions relating to the rental of a property via an agency
      1) They are not disclosing the name of the landlord in the documents. Is this legal?
      2) At the last minute, having signed AST and taken the deposit, they said the property isnt available because existing tenants refuse to move out. They have finally offered alternative accommodation in the meantime but we would incur additional expenses in order to move twice. Do we have any rights to expect them to contribute towards our moving costs?
      3) They didnt let us know about the previous tenants not vacating until 1 day before the end of the previous contract. Their code of conduct states in this case they have to notify the client landlord as soon as practicable. There is no mention of notifying the new tenants. What are our rights with regards to this?
      4) We will pay the same rent for 2 tiny studios and no living room or separate bedrooms as wed be paying for a 3 bed flat with a living room, two bathrooms and a separate kitchen - is this legal?
      5) We signed the AST on 27th Aug but havent received our 8 digit ID number for the deposit protection scheme. The website has no record of our names or address. They have to give us this info within 30 days of the contract date, is that correct?"

    • Shelter

      Shelter answered as follows:

      Hi Christina,

      1. A tenant is entitled to the name and address of their landlord. A tenant can request this in writing to their agent, and the agent must respond with a written statement of the details within 21 days. This only applies to tenants, and so unfortunately this law is difficult to enforce until a tenancy has commence. You can search for the owner of the property on the land registry:

      https://www.gov.uk/search-property-information-land-registry

      2. You could argue breach of contract here. The tenancy does not begin until you move into the property, but you have a contract that the tenancy should commence on a particular date. This problem is not directly addressed in law, and therefore you have no legal right to moving costs. However this is certainly reasonable to negotiate.
      3. Again, this is not directly addressed in law and therefore there is no legal regulation stating they have to inform the tenant as part of code of conduct. Again, you will need to argue this is unreasonable and has left you in an inconvenient situation. This may form part of your argument towards a compensation payment.
      4. A landlord can charge what they wish for a property, as long as a tenant agrees to it (if a tenant doesn’t agree, a landlord is unlikely to rent the property to them). Rents in private accommodation are not regulated, and therefore again there is nothing to say the rent you are being charged is illegal. However it is highly unreasonable and you should negotiate a rent reduction whilst you are living in the alternative accommodation.
      5. Yes that is correct - The landlord has a legal responsibility to protected deposits within 30 days of payment, and they will be breaking the law by not protecting the deposit within the time period. I would strongly advise you however to get some more in-depth advice before taking action on this. There can be implications when the AST has not actually begun (you have not moved into the property).

    • Moderator

      Thanks everyone for taking part in our first Live Q&A. To anyone who hasn't had their question answered - please do get in touch with SpareRoom on 0161 768 1162 or with Shelter on 0808 800 4444 for free advice.

    • Moderator

      The transcript from this Q&A will remain on this page for your reference, and there are lots of handy reference advice pieces in SpareRoom's Info & Advice section: SpareRoom : Info & Advice - whether you're a tenant or a landlord needing some advice and pointers on how to get out of a tricky situation, know your rights, or just do things properly.

  1. Shelter and SpareRoom LIVE QA : Made with Pubble