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Original poster

Should I report DS's landlord to the council?

208 replies

Cherryma · 16/12/2019 13:57

DS lives in Brighton which has some of the strictest housing regulations in the country. Currently he's a lodger with a live-in landlord (I know that lodgers have fewer rights than tenants). There are 2 other lodgers in the property. He's moving out next week (staying in Brighton).

In Brighton, you are allowed to have 2 lodgers without a licence, any more than that and it's classed as a house of multiple occupation if the lodgers aren't related to each other, which requires a licence and planning permission (I know the landlord has neither of these). HMOs have certain regulations which I know are not being followed.

HMO residents should be allowed to individually control the heating in their bedrooms which they can't do. There should be internal thumb turn locks on the front and back doors to escape the property without using a key, in the event of fire. There are just normal locks which require keys. There is no fire blanket in the kitchen when there should be. A gas safety inspection should be carried out every year and a copy of the certificate given to the residents. They have never had this.

He live in area in Brighton with lots of HMOs, I have read online that licences have been refused in his area as local residents and the council have agreed there are too many. The landlord probably hasn't applied for one as they know it would be rejected. The landlord could be fined £20,000 by the council, additionally paying back the lodgers 12 months' rent and have the property being banned from running as an HMO indefinitely. Should I report them? I live in Brighton too so it would be easy to help him with the report.

OP posts:
Discustard · 16/12/2019 14:01

Absolutely report it, messing around with fire safety is not on. My mum had lodgers for years (max 2 at a time, same rules as Brighton) and was constantly getting reported to council as hmo because of the number of adults in the house - she was visited and they informed her she was complying with the hmo rules anyway as it is basic common sense. That said they may not do anything unless he re-lets your son's room

Bufferingkisses · 16/12/2019 14:04

There is some leeway for HMOs that existed prior to the 2012 change in legislation meaning they are exempt from some or all of the requirements including density calculations. It's not as simple as "he has to xyz". I'm not sure what you want to achieve here tbh, surely he will only have 2 lodgers next week when your son leaves?

Original poster
Cherryma · 16/12/2019 14:08

I want to stop him from letting out the room again. I have read online that landlords with unlicenced HMOs can be banned from being HMOs indefinitely, even if someone leaves. If DS can get any rent back from a rent repayment order than I definitely want that. I've also read online that this can be applied to HMOs in retrospect.

OP posts:
GetM0t1vatedN0w · 16/12/2019 14:17

When I rented a room in a shared house (several properties) none of them had a temperature dial in the room

None of them had a special key for the doors

Ever

ActualHornist · 16/12/2019 14:21

Did he not have a radiator in the room with the thingy on the side?

Personally I think if anyone should do it, it’s your son.

sparepantsandtoothbrush · 16/12/2019 14:25

Presumably he's an adult? Why can't he report it himself?

Original poster
Cherryma · 16/12/2019 14:26

I would get him to report it himself but with my help. I should have made that clearer.

OP posts:
ilovesooty · 16/12/2019 14:26

That's what I was wondering.

Ellisandra · 16/12/2019 14:34

It sounds like you’re more interested in having found a way to get his rent back as a little bonus.

He hasn’t suffered at all from not having had a fire blanket etc, and hasn’t been bothered enough about his safety to go and buy one himself. Not that he should have to of course - but I’d be more convinced by your claims about stopping the landlord from running an unlicensed HMO if you were posting that your son was moving out after his first week.

Yes, you should report - because it’s a safety issue for others in future. Though actual your son should do it without your help, if he doesn’t have any special needs that prevent him from doing so. But it does sound like your motivation is actually the money. Why were you both happy for him to continue living in a place that didn’t have a gas certificate?

Marlouse · 16/12/2019 14:37

Hold on, so you’re ds has been living there and now that he’s leaving you want to report the landlord and would like to get rent back? Why?
Did your ds complain about the rules not being followed when he was living there? Why did he move in in the first place if he didn’t agree with the situation?

Tbh, you don’t seem to be concerned with the safety of the remaining or new tennants. What is your motive here? Are you after the rent repayment order?

TheTruthAboutLove · 16/12/2019 14:44

It does sound a lot like fishing to try and get the rent back than it does a genuine concern about safety.

If you were concerned by the lack of fire blanket, gas safety and everything else - it would ring a lot more true if your son left after a few weeks rather than at the end of the tenancy.

The owner must absolutely be reported but I'm a bit more curious as to your motive for reporting him. Would you have done it if there wasn't a backpayment of rent?

CanIHaveADrink · 16/12/2019 14:44

Your ds has benefitted from staying there as a lodger though.
Less people able to take n lodger means more expensice prices for students and young people....

IF your ds had been directky affected by the issues you raise (eg he got cold or too hot in bedroom beause he couldnt regulate the temperature) then you might have had a point. But there is nothing in your post that indicates that.
It comes out as a way to
1- make a point about something YOU dont agree with
2- get some money back from the rent at the expense of the guy.

CanIHaveADrink · 16/12/2019 14:45

Btw IF you have such an issue with people taking on lodgers wo the appropriate licence, why did oyur ds stay there as a lodger in the first place ? Confused
Surely you should have NO from the start?

Confusedbeetle · 16/12/2019 14:46

He is moving out. Not your problem

Cailleachian · 16/12/2019 14:46

Why should he not get his rent back, and why should he point it out to the landlord. Its the landlord's responsibility to ensure that he is complying with all relevant regulations.

Its not about whether he agrees with the situation or not, its that the landlord was acting illegally and putting him at risk. The fact that he was willing to take that risk is neither here nor there.

The landlord gambled that he would not be found out for breaking the law and putting his tenants at risk, while the tenants gambled that they would not die horribly in a fire.

They won the gamble, therefore the landlord owes them each 12 months rent, the council £20k and they escaped with their lives and possessions intact, and the landlord doesnt have a manslaughter charge to contend with.

Seems fair enough to me.

Original poster
Cherryma · 16/12/2019 14:47

He has frequently been either too hot or too cold without being able to regulate the temperature in his room, I should have said that so sorry for missing it out.

OP posts:
HanginWithMyGnomies · 16/12/2019 14:48

Why do you want to report them? For money?

DoesntLeftoverTurkeySoupDragOn · 16/12/2019 14:49

I don't understand why you wouldn't have reported him at the start when it was apparent there were issues.

sirfredfredgeorge · 16/12/2019 14:56

The fact that he was willing to take that risk is neither here nor there

And is exactly the reason why we have the laws, a vulnerable person needing the cheap rent is exactly the one to be taken advantage of, and not able to risk complaining because he'll need the same in the future.

Of course report the landlord, there's nothing wrong with doing it even if your motive is purely about getting money for your son that he happily paid out, absolutely nothing, the laws against landlords are there for serious reasons, even if everyone got away with it, the convictions might stop others - and certainly stop this one thinking they can get away with more in future.

sirfredfredgeorge · 16/12/2019 14:57

I don't understand why you wouldn't have reported him at the start when it was apparent there were issues.

'cos maybe the kid needed a place to live... and could just about afford this illegal one...

MyOwnSummer · 16/12/2019 14:58

I'd say report him, it is a legitimate safety concern for future residents. I'm saying that as a LL myself, who DOES comply with the regulations. It absolutely gives me the rage that others can be so cavalier about safety, especially post Grenfell.

Other posters have commented on your motivations about possibly getting the rent back - that's a separate debate to the safety issues and I'm making no comment about that either way. People die from unsafe boilers and electrical fires. That's the main issue here, and yes it might be a million to one that the house actually burns down, but you've got to consider how you would feel if something did happen.

mothertruck3r · 16/12/2019 15:00

And report to HMRC. Probably not declaring rent.

DoesntLeftoverTurkeySoupDragOn · 16/12/2019 15:00

cos maybe the kid needed a place to live... and could just about afford this illegal one...

But it's ok to report him now when others might only be able to afford this illegal one?

DoesntLeftoverTurkeySoupDragOn · 16/12/2019 15:02

(I don't have a problem with reporting law breakers but there seems to be hypocrisy here rather than reporting him because it's wrong)

Original poster
Cherryma · 16/12/2019 15:07

We haven't reported the landlord so far because DS needed a place to live and Brighton is very expensive for renters. He couldn't afford to live in other places he had seen. I'm not denying that him getting the money back is one of the motivations, but our biggest motivation isn't the money, it's the safety. If there was a fire and he couldn't get out and had no way to fight the fire, obviously that would have been terrible. We believe that DS and the other lodgers have been taken advantage of.

OP posts: