Appropriate form of tenancy for individual tenants in an owner occupied HMO

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    #16
    A s21 will be invalid if the premises should be licensed and are not. I think your best bet is still to issue a Notice To Quit on the basis that they are excluded tenants. If they make you take it to court then you argue your case. I think you would have a reasonable chance as long as you stick to the terms of your TA on notice period etc as even though the tenancy is probably not an AST, it is still a valid contract. You could start the licence application at the same time but I see no advantage to this as you would have to pay a non refundable fee upfront.

    I think you should speak to a specialist housing solicitor to go through your options. Some may advertise on Landlordzone. They certainly do on the RLA website.

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