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Landlady moved goal posts!

18 replies

Ladyof2022 · 04/10/2022 18:21

Writing on behalf of a friend who's not on MN.

Does she have any legal redress against her landlady?

Six months ago, she responded to an advert for a lodger to share a large maisonette with the landlady only. The place was indeed huge, and for £175 pw she would get a large bedroom, and also full and unrestricted use of a kitchen-diner, dining room, living room, and a large luxury bathroom (with bath and shower). The offer made was verbal.

Four days before moving day, the landlady texted to say the rent would now be £200 pw. My friend still thought it was worth it for such spacious accommodation and moved in.

Soon the landlady withdrew access to the living and dining rooms, and converted both into bedrooms to be let on Air BNB. She converted the bathroom into a 4th bedroom and installed another lodger. She then used half the kitchen to install a tiny narrow room with a WC at one end with a basin integral to the cistern, and a tiny shower cubicle at the other end.

My friend is now confined to her bedroom. There is now nowhere to sit in the
kitchen, no lounge or dining room, so she has to eat in her bedroom.

Because there are three permanent residents plus Airbnb guests, of which there are between two and four per room every night, sometimes eleven people have stayed, causing a queue for the toilet/shower room every night and morning.

I imagine she has allocated two bedrooms to Air BNB to get around the HMO rules here, which state that one can only have two lodgers (three would make it an HMO). (Apparently Air BNB guests do not count for the purposes of HMOs.)
Every morning my friend has to straddle the toilet seat in order to brush her teeth because the only basin is the one integral to the toilet cistern.

Air BNB guests are unvetted and do not have to provide references. My friend has to suffer meeting an ever-changing stream of strangers outside her bedroom door, on the stairs, in the kitchen, entering and leaving the toilet, etc. Because they are only there for one or two nights they leave the kitchen filthy and leave piles of dirty pans and dishes. She can no longer leave any food in the kitchen or toiletries in the shower as the guests will help themselves, so her small room now has to accommodate all her kitchen and bathroom items.

They are also often noisy, and many come back drunk in the early hours, making a load of noise and making my friend hoping the lock on her door is secure.

She has now moved out. Does she have any legal redress against her landlady for breaking their verbal agreement regarding who would be living there and which accommodation (rooms) was included in her rent?

Can she sue in a small claims court for her six months' back rent to be partly refunded on the grounds that the original offer of certain accommodation was removed, in breach of their verbal contract?

Is the landlady breaking the law by overcrowding the flat so that up to eleven people are sharing just one toilet (with no proper basin) and one tiny shower?

OP posts:
Ladyof2022 · 04/10/2022 18:22

Sorry, I meant she converted the bathroom into a 5th bedroom and installed another lodger.

OP posts:
starpatch · 04/10/2022 18:30

A lodger is not a protected tenancy as sharing bathroom still in this case, therefore you don't have any rights with regard to increasing rent/ changing area you can share etc. Unfortunately the only thing your friend can do is vote with her feet.

ChilliBandit · 04/10/2022 18:32

Given she is that unscrupulous I wonder if she had told HMRC about her new income streams…. Just a thought for your friend there.

Youaremysunshine14 · 04/10/2022 18:32

I don't think she's got any recourse to get a refund, unless she wants to play hardball. All HMOs need to be registered with their local council now – if your friend checks and the address isn't listed, she could threaten to report her to get the money back. But really she should report her anyway because what's she doing is wrong and it must be a nightmare for her neighbours.

Youaremysunshine14 · 04/10/2022 18:33

Sorry, meant to add, the owner of an unlicensed HMO could be fined up to £30k.

TwilightDreams · 04/10/2022 18:53

Was the landlady still living in the property? If not your friend would have gone from being a lodger to being a tenant and might be able to make a claim. CAB may be able to help.

Ladyof2022 · 04/10/2022 19:28

TwilightDreams · 04/10/2022 18:53

Was the landlady still living in the property? If not your friend would have gone from being a lodger to being a tenant and might be able to make a claim. CAB may be able to help.

Yes, the landlady still lives there.

OP posts:
Ladyof2022 · 04/10/2022 19:32

Youaremysunshine14 · 04/10/2022 18:32

I don't think she's got any recourse to get a refund, unless she wants to play hardball. All HMOs need to be registered with their local council now – if your friend checks and the address isn't listed, she could threaten to report her to get the money back. But really she should report her anyway because what's she doing is wrong and it must be a nightmare for her neighbours.

It's not an HMO because the two rooms that are on Air BNB do not count towards the definition of HMO.

Three lodgers would make it an HMO, and she only has two.

OP posts:
caringcarer · 04/10/2022 19:35

Your friend needs to find alternative accommodation.

Ladyof2022 · 04/10/2022 22:04

caringcarer · 04/10/2022 19:35

Your friend needs to find alternative accommodation.

As I said, she has now moved out.

OP posts:
User478 · 04/10/2022 22:08

Did she pay 6 months up front? How long did she live there?

If she was just paying monthly and is out I would chalk it up to experience, report to council and HMRC and move on.

Shiningstarr · 04/10/2022 22:11

If the agreement was verbal I don't see how she could take it further.

eurochick · 04/10/2022 22:19

The landlady changed a lot in six months...

I can't see any route for redress. I can see several potential routes for revenge by getting the landlady in trouble, if your friend is so inclined.

BEAM123 · 04/10/2022 22:20

If she had a lock on her door she wasn't a lodger ... different rules I believe.
I don't know the ins and outs but I'd report it to the council, if it's not an HMO now they may flag it as intel of dodgy landlady...

Roselilly36 · 05/10/2022 07:43

She has done the best thing by moving out. Not sure
I wouldn’t waste any more time thinking about it, and certainly not bringing a claim, without a good prospect of success. In future make sure your friend gets in writing what is inc.

donttellmehesalive · 05/10/2022 07:55

As it was all agreed verbally, she wouldn't have any success with legal action. The landlady would just say that she told her exactly what the accommodation would be like.

It sounds as if the landlady is unscrupulous but clever enough to stick within the confines of the law, and has a good understanding of what she can get away with.

I do wonder whether she is declaring all of her income as your friend was not given anything in writing.

Ladyof2022 · 05/10/2022 10:44

Many thanks to everyone for taking the time & trouble to read and respond.

Seems she will have to chalk it up to experience.

OP posts:
Crikeyalmighty · 05/10/2022 10:57

That landlady really is a piece of work!!

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