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Is land lord breaking the law?


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Hello,

Within my tenancy agreement it states that it is 'not an assured tenancy or an assured shorthold tenancy'.  However my tenancy doesn't fit any of the criteria of a lodger or a non assured tenancy. My rent is not below 250 or above 100,000. This is my main property and the LL doesn't live here. My contract is for a 6 months tenancy too so not short either. Two other girls, all with separate non assured contracts and different rents live here. We all rent a room and have a shared kitchen/living room and i share a toilet with one of the girls too. My deposit as such isn't protected.

Secondly, the landlord has refused to accept me asking him/his daughter to not come in when we are not in the property I set a camera up, whilst i was away, which showed him letting himself in, walking into the flat and back out. He has been very rude about this request which begun because his daughter walked into the flat ( to show a room before it was rented) when i was sitting in the living room, without warning. He said that because i said i was out it was "fair to assume the flat would be empty". He then told me that he'd have to end the tenancy if i didn't "get off my high horse". He has also asked me to fix a boiler/ organise it myself and also asked me to speak to a previous tenant to try and fix it even though I told him the advice online is, once googling to code, to not attempt to fix this myself. There is no hot water or heating so i have sorted this. He told me that i would be charged if it was a call out that ended with no faults but has since said it's under a scheme where this is free.


So kind of three questions  - 1. should my tenancy be assured/ is it an assured on regardless of what the contract states based on fitting the assured tenancy contract rather that one that isn't? And 2. what are my rights regarding the LL coming into my flat and not accepting that i don't want them in my flat without me (I've offered to video the room and also have been very accommodating letting people in and showing the flat despite being fearful of COVID - my area is very high for it) / is he breaking any laws with the above actions and 3. He also charges what myself and fellow renters think is way over for bills. Is it ok to ask to see a copy of the bills?

Thank you - appreciate any help/advice :)

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Sounds like a place to leave as soon as you are able! In answer to your questions:

1. Regardless of what the tenancy calls itself it sounds like it is an AST. Just because he calls it something else does not make it so.

2. He should give you notice of coming in to the flat - you are entitled to 'Quiet Enjoyment' but he is probably not breaking the law as such and it would be hard to take action against him. 

3. A LL is not allowed to make a profit in the supply of gas & electricity but if he won't show you a bill it would be hard to force him to.

If your deposit is not protected you might be entitled to a rent repayment order - perhaps investigate that. You should certainly not be arranging repairs for a boiler. Have you received a gas safety certificate? You should also have been given a copy of the How To Rent Guide and the EPC. And from April 1st you should also receive a copy of the EICR (Electrical Installation Condition Report). With 3 separate households your property is an HMO and depending on the location may require a licence.

You might want to take you concerns up with the local Council's Housing Officer - it sounds like your LL is operating at a dubious level and they may be best placed to advise you. I would certainly be looking for another room.

Good luck ;) 

 

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Definitely speak to the local authority housing officer. Suspect there are lots of rules being broken here and by a landlord who won't have registered anything and therefore won't be on any authority radar.

Landlords like this should be banned from being one, but the result is usually new rules that only impact legal landlords and result in higher rents instead. Grrr

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