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Flat doesn't have it's own address but does have a private entrance, landlord lives in building but does not share space - am I lodger?

4 points · submitted Jan 2023 by u/basicallydan · Mentions London

I am looking at renting a lower-ground (basement) flat in London with access to a shared garden.

The landlord lives upstairs in the rest of the house, and while they do have a door which goes directly into the flat let's just assume that they will respect some kind of boundaries such as giving two days' notice before needing to come around, unless I said it was fine.

I am not able to find the property on the council tax lookup page, and when I asked the agent about this he said the following (i've obfuscated the street address, but it didn't include a "Flat 1" or "B" or anything like that)

The “official” address is Garden flat, XX-STREETNUMBER XX-STREETNAME. Looks like when the house was turned into one unit it was the basement unit was discontinued.

I can't find the address of the flat on Google maps, either, or the Royal Mail site.

Does this sound to anybody like I would be a lodger? I like having a specific address which can be looked-up rather than risking my mail being received by my landlord. Does anybody think this sounds particularly dodgy?

Any advice would be welcome, thank you.

EDIT: Further question in case anybody nows - if the property is split but isn't officially registered anywhere as two properties, is this in some way against the rules or am I at risk?

13 comments · 83% upvoted · other discussions

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DameKumquat 5 points · Jan 2023

It could be either. Ask the landlord what sort of contract they'd give you and if they'd protect your deposit either way (it's not obligatory to protect the deposit for a lodger).

basicallydan [OP] 2 points · Jan 2023

Thank you! I've been told that it's an AST, and it sounds like maybe bills are handled by the landlord and I pay them? I have more questions to ask them.

I didn't realise lodgers' deposits didn't need to be paid!

DameKumquat 5 points · Jan 2023

An AST is a Assured Shorthold Tenancy, so you're not a lodger. This is a good thing. The tenancy contract should say who pays bills. And who will protect the deposit.

basicallydan [OP] 0 points · Jan 2023

I know about ASTs, but thank you :)

I'm trying to work out what the bills situation is, because they said it's not included but it sounds like they still pay for it on my behalf, which makes me a little nervous.

[deleted] 3 points · Jan 2023

And with an AST, they need to protect the deposit, unless I’m mistaken.

[deleted] 4 points · Jan 2023

[deleted]

basicallydan [OP] 2 points · Jan 2023

Thanks! Yeah it looks like I wouldn't be a lodger, but it does look like the landlord pays the bills and it's fixed but I'm not sure that it's in the tenancy agreement.

tmstms 3 points · Jan 2023

The bills thing is likely to do with how the piping / wiring in the house is arranged. The flat might simply share a water and gas supply with the main part of the house, so it's too hard to generate a separate bill.

basicallydan [OP] 2 points · Jan 2023

Yeah, I suppose so. What I'd like to do is just have a little reassurance about how the landlord works out that bill. So I'll ask.

Thanks for your reply!

_Dreamer_Deceiver_ 2 points · Jan 2023

If it shares pipework etc and the property only has one meter, how is the landlord accurately going to bill the OP?

[deleted] 2 points · Jan 2023

If you're not paying your own council tax bill, with the 25% discount for single occupancy, I think there's a grey area. It'll probably be fine in practice but I wonder how valid an AST would prove to be in the event of a dispute. Maybe call the council or Citizens Advice to clarify your rights?

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