Landlord Woes...

Buster2312 said:
Also worth noting that by law your room should have a lock on it and if they want to go in there they need to give you 24 hours notice. (unless its on fire or something)
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As a live in landlord I'm interested to see this law as it's something I've never heard before!

That's a good point about access to your room though, especially if you've signed a Assured Shorthold Tenancy which I think is the wrong thing.

Basically, if you're a "lodger" you get less rights.
https://www.citizensadvice.org.uk/housing/renting-a-home/subletting-and-lodging/lodging/lodging/
A lodger is someone who lives with you as part of your household sharing some of your accommodation, such as the bathroom or kitchen. They may have their 'own' room, but they live in your home with your permission and don't have the right to exclude you from their room or any part of your home.
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http://www.spareroom.co.uk/content/info-flatsharing/rights-for-renters-for-tenants-and-lodgers
Because the flat or house is the landlord's main place of residence, the balance of rights is in their favour. Any contract you sign with this kind of landlord will not be an AST (Assured Shorthold Tenancy - normally with a 6 month break clause and 2 months notice required for a landlord to evict a tenant) but a licence.
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If you've signed an Assured Shorthold Tenancy I get the impression they don't know what they're really doing.

Whereas a tenant 'owns' the space they rent during the period of their lease, if you become a lodger, you don't have the right to exclude your landlord from the room you're renting. So, as a lodger, you won't be able to put a lock on the door to your room to keep them out, although they must respect your privacy at all times. What does this mean in practice? They have the right to come into your room, but should always ask in advance, and give you the chance to say no.
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By no means is this a law in relation to a lodger though.
 
If you've signed an Assured Shorthold Tenancy I get the impression they don't know what they're really doing.
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I've uploaded a redacted copy of my contract so you can see exactly what I have signed. Link.

This is my first time with something like this so really appreciate all the advice everybody is giving.

Will be holding off on the letterbox attack for the time being though! :p
 
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Yeah, that's totally the wrong contract for your circumstances.

1.12 not use the Premises other than for the purposes of a single private
dwellinghouse
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Compare it to this one I used in the past - although this is quite old, I usually look for an up to date one each time I get a new lodger but this is my only blank one.

https://www.dropbox.com/s/z9siyws3o3g6l8f/Lease.docx?dl=1

Notice the mention of shared areas and specific reference to owner and lodger.

As I said, although he's got no obligation to put your deposit in a scheme, if you singed that contract it could make an interesting set of events if the deposit scheme cared... It's maybe worth getting in touch with the guys mentioned (https://www.depositprotection.com/) and forwarding them your contract.

In fact, that's exactly what I'd do:

1) Get in touch with deposit scheme people (watch out there's a couple with similar names and each only cover scotland / england or whatever)

Based on how helpful they want to be:

a) If they want to help, say you're leaving, take your deposit and hopefully the 3xdeposit you get back from winning the case

b) If they don't want to help, find another place. Tell him last minute you're leaving, consider your deposit gone.
 
wndsr said:
Thanks again for all the responses.

Like I said previously, my need for somewhere to live was very last minute. I tried to negotiate a later start date with my new employer but they were keen to have me in as soon as possible meaning I went for whatever I could get. When I met the landlords (they're a couple) at the time, none of the issues I'm now having were apparent.

With regards to what I signed. It says that it is a 'Assured Shorthold Tenancy Agreement' and it doesn't have any sort of break clause in there. What it does say, is that the landlord will transfer my deposit to a deposit protection scheme. I believe this is the law in Scotland, but resident landlords are exempt. Either way, the contract says he will do that but I've received no correspondence from said scheme nor do they have any record when I have contacted them.


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The first and perhaps most important thing to point out is Scottish tenancy law is completely different from that in the rest of the UK, and is generally more favourable to the tenant. A good source of information I've used concerning issues with my landlord (over damp and mould mainly) is Shelter Scotland. I'd advise taking a look there/contacting them.

Secondly, who are you trying to contact re the deposit? There are three such schemes operating in Scotland, who write to you when the money has been deposited to give you a reference number.

Thirdly, I'd move out ASAP. I had a lovely little one bedroom flat in the Grassmarket with a gorgeous view of the castle from the path leading to my front door for £625 pcm, and other nice flats can be found in good areas like Marchmont (where I live now) and Bruntsfield (where I have also lived before) for around the same amount. I even went to see a flat near George Street for £650 pcm and that's a very trendy area :)

But perhaps the first thing to do is say you don't like them going into your room and that you'd really like your privacy respected while you're there. Of course, living with other people entails compromise, even those who are close to you. My ex always gave me a telling off because I didn't put the cups and glasses upside-down in the cupboard. Just a pet hatred of hers!

Take a look on City Lets and Right Move when you get a chance though, but avoid Umega lettings, they're dreadful!
 
Id like to know why you think your deposit is in any jeopardy? I keep hearing about the horror stories of landlords taking deposits from their tenants, but surely if there is no valid reason for this then they can go and do one?
 
Is there a pee pot under the bed - pee in it till it's almost full - slide under the bed then fill it to brim with water and leave.:D
 
Thanks guys.

Just used the online tool for the protection scheme they have mentioned in the contract and it came back with no results. I will give them a call tomorrow though. As said earlier, we know they don't have to protect the deposit by law but as they have said they would, I'd expect them to have done so.

@Tacitus, I'll definitely be having a 'I want to leave' chat with them on Wednesday and hopefully we will be able to come to an amicable agreement. If not, I'll definitely be looking at what other options I have with regards to getting my money back.
 
Cavallino said:
Id like to know why you think your deposit is in any jeopardy? I keep hearing about the horror stories of landlords taking deposits from their tenants, but surely if there is no valid reason for this then they can go and do one?
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The only reason I think it may be in jeopardy is because I have signed that piece of paper (which now turns out to be the wrong type of contract) which states I will be there for 12 months. Having spent time with them and got to know them, I feel they would be the type of people to try and keep the deposit claiming that I only get it back after 12 months.
 
Ah I see. But surely by law you can give 2 months notice after a 6 months period?

Perhaps go through your contract in more detail?

E: Er wndsr bud, are you the Nissan GTR guy?
 
Just leave and write off the £700.

Call the guy a complete freak on the way: infact go full retard and do 700 quids worth of poo in that toaster.
 
Jono8 said:
Is Edinburgh really that expensive?

£700 a month for just a room! That sounds absurd!

Under a year a go i was renting a lovely 1 bedroom flat, in a gated development with it's own grounds, in an expensive, rural part of Surrey for £800 a month!
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yea that's crazy in Newcastle you can get a 1bed flat for around 350-400 per month and be within walking distance of the city centre

only about 90 miiles away, why is Edinburgh London prices or is op being ripped off?
 
£700 a month for bedroom and a maniac with a toaster fetish. That's not the best deal I've seen! Rightmove really needs some new options in its filters.

Better hope the guy doesn't have a camera installed...
 
Lunatic Dreyfus said:
Better hope the guy doesn't have a camera installed...
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khIdrwZ.jpg
 
DXP55 said:
Is there a pee pot under the bed - pee in it till it's almost full - slide under the bed then fill it to brim with water and leave.:D
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You may indeed be living in the wrong era...

OP, state your intention to leave after 28 days notice as per your contract.
I wouldn't make him aware he has gave you the wrong type of contract.
You haven't damaged the place, and wear and tear doesn't count, so you should get it back in full.
See what they say, report back here.
No point chasing a tenancy agreement deposit scheme, he won't have used one, as he doesn't have to, even if your contract stated he would.
 
I'm pretty sure your landlord has breached the contract by entering your room I know they aren't allowed to enter a property without permission. My dad told me and he keeps bees. (Also brother in law is a estate agent)
 
Diddums said:
For £700 a month you should be in a small flat, not a room.


Living with others, especially those who pay the bills or own the place, is an absolute nightmare. I certainly won't do it again.
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I pay £650 for a 2 bed house in Edinburgh. Bills on top bring this to around 900 but for 7 you could easily get a nice 1 bed flat
 
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