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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 32231
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Can landlord use room to room scheme if he lives in

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Can landlord use room to room scheme if he lives in different house? Can I report him to HMRC? My AST contract shows his different adress.

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.

May I confirm what you refer to precisely by "room to room scheme" please?

Customer: replied 13 days ago.
Thanks Joshua;)
Customer: replied 13 days ago.
Apologies, room to rent scheme

Thank you. The rent a room scheme is limited to renting rooms in a home that the landlord owns and lives in as furnished accommodation. It is therefore only open to resident landlords. If you believe that the landlord is not paying tax on your rental income then you could if you wish contact HMRC to provide a tip off.

https://www.gov.uk/report-tax-fraud

Customer: replied 13 days ago.
Thanks do much!!! He moved recently in back, can i prove, that he lived out by showing AST with his different adress? Would it be sufficient?:)
Thanks a milion!:))))

How do you know he is not paying tax on the rental income you have been paying?

Customer: replied 13 days ago.
He is using rent to room scheme, but not living in property, i think he is using 7500£allowance free. It must be his only or main home

Thank you. If you have evidence that he has not been living in the property - you can of course give your own statement in this respect as well as other documentary evidence as you suggest then you can provide a report to HMRC if you wish using the above link

Customer: replied 13 days ago.
Thank you!:))))

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

Customer: replied 13 days ago.
Thanks sooo much:) I have a last one!
We were 3 tenants on AST
LL recently replaced one tenant and now he is claiming I am lodger and I need to leave ASAP, cause I am renting only room and he is live IN landlord.
1) Am I tenant or lodger
2) Is he legal to move in?
3) can I ask him to leave property until he can serve legal eviction?
I am really lost in this

  1. Was the landlord living in the property at the beginning of the tenancy and has he lived in the property since at any time?
  2. Do you have a AST written agreement?

Customer: replied 13 days ago.
No he did not live there since last month , I have AST written agreement with his partners adress on stayting he has to give me 24 hours written notice to enter
Customer: replied 13 days ago.
Actually he lived there one month last august when one tenant left then he moved outside back to partner again

Thank you. Is your tenancy agreement for a room in the property with shared use of common facilities as opposed to being for the whole property?

Customer: replied 13 days ago.
It sais for furnished flat or house on AST
Customer: replied 13 days ago.
File attached (1VMSLM6)

Thank you. If you have been granted a tenancy for the whole property and not just a room then the landlord cannot enter at all let alone live there. This would be a breach of the Protection Against Eviction Act for which you could seek damages.

On this basis it seems to me you can consider refusing to give him access at all and even change the locks and seek damages if he seeks to enter the property again.

Customer: replied 13 days ago.
Thank you soo much! He claims that he pays bills , does it change situation anyhow?
Customer: replied 13 days ago.
Can I sent away also his partner? Just hypotetically

his paying bills would not have a material effect on we have discussed above

Customer: replied 12 days ago.
thanks so much, Joshua I would like to send you 30 £ as a thank you for your time and efford, tell me how would you like to proceed ?
Also if you would be happy to keep in touch during whole process ( maybe whatts up?) just for the written advise and I am more than happy to pay you small amount of money for that . Unfortunatelly I cant efford to pay large sum now. Would that be something you would consider ?:)
thanks Zdena

I I'm glad I was able to answer your question and I am grateful for your kind offer though there is no obligation of course in this respect whatsoever. If you would like to add a bonus, I believe therre is an option to do so once you have submitted a rating and my fax in advance if you choose to do so. 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.

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