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Joshua, Lawyer
Category: Law
Satisfied Customers: 31727
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I would like to get some legal advices regarding my 'housing

Customer Question

Hi there.
JA: Hi. How can I help?
Customer: I would like to get some legal advices regarding my 'housing situation'.
JA: Where are you? It matters because laws vary by location.
Customer: I live in Greater London.
JA: What steps have you taken so far?
Customer: No steps so far. this is my first step.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I can explain in few lines my situation.
Submitted: 16 days ago.
Category: Law
Expert:  Joshua replied 16 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

Expert:  Joshua replied 16 days ago.

how may I asssist in relation to the above please?

Customer: replied 16 days ago.
Nice to meet you Joushua.I have contacted you today because I would like to discuss my legal right regarding my 'housing' situation.
I have been living at my current address for 3 years and 10 months as a Lodger.
I have been sick since the 15th of February when I tested positive to covid 19 and i have not been able to work ever since.
The doctors are still unsure if the causes of my symptoms are covid related or cardio related.I have recently found myself in need of a financial help and I therefore decided to apply for Universal Credit to support myself until I will be fit to work again.
Universal Credit is asked me for a Lodger Contract or a letter from my Landlord to confirm where I live and how much rent I pay and they will not accept my Bank Statements as a proof.
My Landlord is refusing to give me any of these documents.
Once He told me his mortgage doesn't allow him to rent the property. Is that possible that he might be wrong and he could be able to have a legal lodger living in his property?
I would like to know my rights as I will soon face an eviction if i don't come to an agreement with him.
Thank you.
Expert:  Joshua replied 16 days ago.

thank you. I'm not sure your landlord's concerns are necessary as whilst he would be quite correct that his mortgage lender will not allow him to rent out the property as this requires a specialist buy to let mortgage product and not a standard residential product, it is highly unlikely to preclude him from renting out a room in the property to  a lodger. This is permitted by so far as I'm aware more or less any residential mortgage and furthermore, he will not owe tax on the first £7500 of rent he gets from any lodger and so if he is concerned about not declaring tax, it is probable that he does not owe any tax on the rent you pay him anyway.

As regards ***** ***** to provide you with an agreement or otherwise, there is no legal mechanism by which you can force him to do so unfortunately. However, the above information may give him some degree of comfort in convincing him to do so voluntarily perhaps

Customer: replied 16 days ago.
Unfortunately I pay £8700 per year, so He might be concerned about that.
Anyway I would like to know if he can legally evict me considering my health issues and considering the fact that it is not due to any form of negligence the fact that i m not able to pay rent anymore and also considering the fact he is not providing any documentation. If he can evict me , how much notice he is required to give me ?
Thank you. Gratefully Marco.
Expert:  Joshua replied 16 days ago.

thank you. If you believe he is not declaring tax, then this may be an explanation for his concern and of course equally, he may be equally concerned about you making universal credit application as naturally, this information is shared amongst government agencies including HMRC which may use it to raise an enquiry if on the one hand they have a universal credit application to help pay for rent at a particular address and on the other they have no record of any tax being paid on that rent by a landlord. however these are issues for the landlord are  not new.

In terms of eviction, if you are living in the landlord's property that the landlord as a resident landlord, unfortunately he can evict you without the need for a court order. He needs only to give you notice equivalent to the periods of rent payment, so for example if rent is paid monthly, one months notice and so on. after that, he can refuse to readmit you or arrange to change the locks.

In the circumstances, as a fallback it may be sensible for you to consider making an application to the local authority to be included on the housing register so that you can perhaps secure some more permanent accommodation with a greater level of security of tenancy

Expert:  Joshua replied 16 days ago.

I hope the above is of some assistance but if you have any further questions, please revert to me.

Expert:  Joshua replied 15 days ago.

I trust the above was of assistance and that you do not have any follow up questions for now. If there is anything else I can help with please reply back to me though.

Expert:  Joshua replied 15 days ago.

I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.