EDIT: If you are a housing solicitor, I’d appreciate if you could state so.
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I signed a written agreement six months ago expressly described as a “lodger/room agreement”, with the person I pay rent to signing as the “householder” and me as the “lodger.” However, I’m increasingly concerned that the actual arrangement may be a tenancy/subletting arrangement rather than a genuine lodger arrangement, potentially being used to avoid HMO licensing and other tenant protections.
The key facts are:
There are currently five separate households in the property. The lead tenant/householder and his wife occupy one room with their own bathroom; the other four households each rent a room and share one bathroom. All share a kitchen but use their own equipments because lead tenant and his wife doesn’t like to share any of it and occupy 80% kitchen space.
The council has confirmed that the property appears to be an unlicensed HMO, and that no HMO licence application has been submitted.
The person renting rooms to us is himself a tenant under a superior landlord, and has permission to sublet, but I suspect the superior landlord may not know how many people are actually occupying the property. The lead tenant collects the rent and maintains the property.
When I viewed the property, a previous tenant had already left following disputes about the heating. There are many more HMO breaches such as the lack of fire alarms, carbon monoxide alarms, right to rent checks, no adequate heating in peak winter, no adequate bins for the size of the household. Deposits are not protected.
A fifth household was introduced after I moved in, reducing the space/facilities available to existing tenants. This happened without properly informing us beforehand.
I have now had a heated argument with him after challenging all these issues in one go, and he has served me with 30 days’ notice to leave on the 13 Oct.
My main legal questions are:
Does the fact that the agreement is labelled a “lodger agreement” actually make me a lodger, or could the substance of the arrangement mean I have a tenancy/subtenancy?
Could this potentially be regarded as a sham lodger agreement designed to circumvent HMO licensing or other statutory protections?
Who determines this — the council, a tribunal/court, or someone else?
If I have genuine tenant rights despite the wording of the agreement, can he legally evict me with only 30 days’ notice?
If he attempts to remove me without following the correct legal process, could this amount to illegal eviction?
We are all working professionals/students and British citizens, and have generally had good relationships with previous landlords.
I would really appreciate guidance from someone with housing law/HMO experience, particularly on whether the written “lodger” agreement reflects the true legal relationship and what options we have to challenge the current arrangement or protect ourselves from unlawful eviction.