Should I report DS's landlord to the council?

[Cherryma]

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.

As a landlord he should know what his responsibilities are before he rents out rooms

As a leaser, you shouldn’t rent anywhere that is illegal and should report straight away. Not rent it and use it as a savings account and free board!

If you were both living in house shares why didn’t you rent a flat together? Your DS’s rent was £500, which you admit is cheep, so I’m assuming yours is more. So what, £1100 ish a month’s rent between you? Pretty sure you could have rented a two bed flat for that, in fact I’ve just done a quick Google and the first place that came up was £1100 PCM for a two bed flat, and I doubt that is the cheapest place as it was a spotlighted property on the website.

While I agree the LL should not be flouting safety regs, he lives there himself, so I doubt the place is a death trap. Sounds to me like you’re both on the make as you were perfectly fine with him living there while it suited the both of you, and you could have found alternative digs between you.

What a lovely way to raise your DS.

Was this the student on twitter that went viral complaining about his heating

OP, the rules about "more than 3 tenants" don't necessarily apply to lodgers. A tenant and a lodger (or boarder) have different rights.

I don't think that these rules apply to your son's landlord. It might be worth checking with Brighton Housing Trust, they have a very good housing advice team.

@Lakielady I have read the Brighton council HMO regulations and it makes no difference whether they are tenants or lodgers. If they're lodgers the landlord can have up to 2 before it becomes an HMO. As there are 3 it's an HMO. I will be checking with Shelter (who agree on their website too) and with Brighton Housing Trust in the morning.

I'd report. The landlord thinks he's above the law.

So you both knew the LL wasn’t adhering to procedures before your son took the room, yet he still did - presumably was fairly happy with the accommodation and now has found a way to make a quick buck and ruin the LL. nice

The landlord thinks he's above the law.
you know him do you?

No I don't know him but it's obvious he thinks he's above the law. As I've already mentioned he was committing council tax fraud by claiming single person's discount by not declaring that other people lived there until DS updated his address for the electoral roll.

And it's obvious that you arent concerned about safety. If that was your sole concern then this would have been reported 12 months ago. You simply saw a way for your son to love for 12 months and then claim all the rent back.

I think most people agree that he should be reported, we just dont agree with you and your son for him living there for 12 months, all with the intention of getting all the money back and having s free year of accommodation. It's the moral fortitude going on under the surface which people are judging you for.

*turpitude not fortitude!

No I don't know him but it's obvious he thinks he's above the law.

what is obvious is that you are on the war path against that person and want to be as nasty as you can. it's weird. Any plans against your own landlord yet, or are you waiting until you move to find illegal and dangerous conditions in your current home?

Thank you to those of you with positive comments. Maybe those of you with negative comments may find yourselves or your children in the same situation one day and will take on board our point of view.

You sound like someone who is always looking for an opportunity or loophole to make money at someone else’s expense.

It’s not really about him not following the regulations is it, because your ds knew that when he moved in. It’s about an opportunity to get a year of free rent. It isn’t a consideration at all that this might mean he makes a loss for the year does it - and you aren’t interested in if it was dangerous or not but finding a way to accuse someone, whoever they are, by knowingly entering into circumstances that you can later exploit.

You strike me as an ambulance chaser - someone who would respond to the phone calls about being in an accident, or look to Sue the workplace if you fell over and perhaps put yourself in a position on the road so someone would drive into you and you’d be certainly hit, so you could make an insurance claim.

Perhaps you’re one of those who sees anyone who has got money as fair game and feel entitled to use the system to part them from it...and maybe even feel a bit clever about it. You half heartedly justify your actions as safety but it’s pretty half hearted because you don’t even bother to make it sound like a genuine concern.

No-one thinks LLs should ignore the rules. However, everyone thinks you mention it to the LL at the time and if nothing happens report them then and there, not deliberately timedwith the intention of getting a years free rent.

Are you and your DS going to be looking for other foolish LLs to exploit to get a freebie? Do you do similar in other areas of life too?

I guess it’s a mindset to want to find ways to get freebies regardless of how it impacts others, to make complaints and demand procedures are followed such as some long term sick cases, discrimination cases etc when there is really only a selfish opportunistic motive, even if it’s dressed up as a genuine issue.

Revolting!

Cherryma
there are plenty of posts above telling you what most of us would have done in the same situation, trying to get a freebie is not one of them.

And because we are not like you we won't end up in the same situation...

Why on earth have you allowed this situation to carry on until now before reporting it? Seems a wee bit hypocritical! Should have reported it straight away

You’re rubbing your hands about this aren’t you - have already calculated how much you could stand to gain -feeling clever and probably getting a kick out of everyone criticising you too.

Some people are like this - proud to exploit and demand their rights loudly wherever they are, demanding the letter of the law and never considering anyone else or the implications beyond making a quick opportunistic buck. And then bragging about it - that’s what this thread is about - some kind of ego boost to Op about how clever she is and how she can make everyone annoyed and ‘show them’ - never mind she’s a renter and not especially well off, she’ll show the MNers that she’s not to be pushed around and is powerful.

Or possibly a fake wind-up having the same desired effect??

I won’t be feeding it any longer. Attention seekers or those who like to scam others are always out there - not really clever and if that’s the only way for them to gain self-worth, I have pity.

I think you’re on a wind up op..

As a pp has pointed out, you could have rented together cheaper. He didn’t have to take the accommodation and you both allowed the situation,

I’m sure the LA would apply common sense to this and maybe give the LL a warning? He’s only one over after all. I really do hope so, then you can move on to the next poor victim.

Sorry all those wanting to hammer the OP. It doesn't matter what her motivation is !, in law, the Landlord is clearly in contravention of a whole pile of important legislation that is meant to protect people !

More fool the landlord for not following the rules (assuming all the allegations are accurate) That, I'm afraid is literally the price you pay for not complying .

There is NO excuse, none.. for not complying with fire regs. People die when this happens. The fact that the OPs son is not dead, from being unable to affect a means of escape that he should of had - by law, is just luck. Nothing more.

The fact that he didn't complain earlier - irrelevant.
The fact that he can now (possibly ) claim his rent back - irrelevant.

Yes OP. Report to the council with out hesitation.. the argument that 'he couldn't afford anything else, you should be grateful. If places like this aren't available.. he wouldn't have anywhere to live .. are complete bollox. That translates directly into " poor people should be grateful for substandard accommodation that puts their lives in danger ! It's the WHOLE reason for housing regs.

Report report report ! The landlord could have put the appropriate locks to exit the building on the doors for a few quid - as well as the other issues - and have been within the law. Instead he put money above safety. Not ok in anyway.

@patchworkpatty

These things arent mutually exclusive. We can be judging the landlord and agreeing that he gets what's coming. We can also be judging the OP for coming up with this scheme to get her son a year of free accommodation. She doesn't care about safety or fire regs. She's just happy to be getting her son his £6000 back and he can go on his merry way with anything he's saved up tha is to cheap rent and enjoy his refund on top. Most people would be genuinely concerned for safety, especially no gas checks, and would report right away. They didn't. They wanted the free 12 months. I'm judging her for that.

I already said my daughter is in the same situation.

I think you’re going to be bitterly disappointed OP. If you report the LL and they are found in breach of some laws then the chances are they will be directed to sort them out within 14-28 days and given a slap on the wrist for a first offence.
The first question thing you will be asked for is documentary evidence of your correspondence with the landlord regarding the issues you raise, and his wilful failure to address them. Of course there is none.
You’re very silly to believe all these stories in the local news online about people getting twelve months rent back because there wasn’t a thermostat on their radiator etc - they’re mostly click bait and over exaggerated (used to work in local press so know this).

I suggest you take a step back from this and let it go- it’s not going to give you what you think.
Will DS need a previous landlord reference for his next place?

It's not just about the lack of thermostat on the radiator, I've mentioned other issues as well. It is not our responsibility to report these issues when the landlord should have addressed them from the start, he is responsible for following the regulations and not exploiting people.

He has neither planning permission or a licence for an HMO. Brighton council is one of the strictest, if not the strictest council in the country about HMOs. The local residents and the council have been kicking up a stink about HMOs for years. I believe what I read in the press because I have read all the regulations and know how strict the council is. DS does not need a landlord reference for his next place he is moving to next week.

Yes there will be evidence he lived there as he has a contact to live there, has bank statements that show he was paying the landlord rent every month and is registered on the electoral roll at the address. Yes when he moves out the landlord will only have 2 lodgers but from what I have read the case can be applied in retrospect that the landlord was breaking the law.