licensee vs tenant

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    licensee vs tenant

    i have been given 14 days notice -

    i asked my friend for help and to sort things out if possible, as he works in lettings etc -

    he said to be this is a licensee contract not an (AST) one - (i didnt know)


    basically, i want to know what rights i have to prolong the 14 day move out, as i currently lost my job and the landlord doesnt seem to care much etc


    many thanks,

    #2
    We need more information before we can say whether the arrangement is a licence or a tenancy. What does the agreement say? Were you occupying a room or a flat/house? Does the landlord supply food or any services?

    Comment


      #3
      Does the landlord live in the house in which you have a room? If the answer is yes you are more than likely a licensee and the Protection of eviction act does not apply. You must leave at the expiration of the notice. The landlord could just change the locks to exclude you from the property on day 15.

      Comment


        #4
        Are you danzer on MSE?
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          Originally posted by Jon66 View Post
          Does the landlord live in the house in which you have a room? If the answer is yes you are a licensee
          Not necessarily.

          Comment


            #6
            Originally posted by Lawcruncher View Post
            We need more information before we can say whether the arrangement is a licence or a tenancy. What does the agreement say? Were you occupying a room or a flat/house? Does the landlord supply food or any services?


            the contract says 'this is between licensor and licensee' and proceeds to give name of the agency and my name. I was unaware that I was not a tenant.

            Wanting to know if I have any rights for this?


            The landlord does not live in the property.

            Comment


              #7
              What the contract says does not matter; people often misdescribe tenancies as licences. If this meets the criteria for an AST, you will have all the protections of an AST even if the papers says it is a licence.

              Comment


                #8
                Originally posted by imjustbait View Post
                the contract says 'this is between licensor and licensee' and proceeds to give name of the agency and my name. I was unaware that I was not a tenant..
                It doesn't matter what the agreement says.

                Do you live in a property, or a room in a property?
                If you live in a room, do you have access to any common areas, and how many other people live there?
                Do you have exclusive use of any part of a property - including the right to keep the landlord out?
                Why does your friend think you're a licensee?

                You need to give us some information rather than just asking questions, what type of occupant you are depends on your precise situation.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9
                  Originally posted by imjustbait View Post



                  the contract says 'this is between licensor and licensee' and proceeds to give name of the agency and my name. I was unaware that I was not a tenant.

                  Wanting to know if I have any rights for this?


                  The landlord does not live in the property.
                  See Street v Mountford:
                  https://en.wikipedia.org/wiki/Street_v_Mountford
                  - what paperwork says doesn't matter...
                  I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                  Comment


                    #10
                    Originally posted by imjustbait View Post
                    the contract says 'this is between licensor and licensee' and proceeds to give name of the agency and my name. I was unaware that I was not a tenant.

                    The landlord does not live in the property.
                    Who even is the landlord per the agreement?

                    "between licensor and licensee' and proceeds to give name of the agency and my name" sounds like who you think of as the agent is actually the landlord and not the freehold/long leasehold owner of the property.
                    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                    I do not answer questions through private messages which should be posted publicly on the forum.

                    Comment


                      #11
                      Originally posted by jpkeates View Post
                      It doesn't matter what the agreement says.

                      Do you live in a property, or a room in a property?
                      If you live in a room, do you have access to any common areas, and how many other people live there?
                      Do you have exclusive use of any part of a property - including the right to keep the landlord out?
                      Why does your friend think you're a licensee?

                      You need to give us some information rather than just asking questions, what type of occupant you are depends on your precise situation.
                      I live in a 3 bed flat in an apartment block. I occupy a room.

                      I have access to all the common areas (bathroom & kitchen)

                      Two other people live here. So in total it is three including myself.


                      My friends thinks it is licencee because there is a clause in the contract which says:

                      'NO TENENCY IS CREATED BY THIS AGREEMENT'

                      then underneath it says

                      'the rights conferred on you by this agreement are limited to the right to occupy the room as a licensee only for the period specified in this agreement'.

                      'This agreement does not confer the rights of a tenant under a residential tenancy agreement'.

                      'The apartment common areas are accessible by the licensee and others who occupy a room in the apartment and the licensor and the property manager as and when required'

                      Comment


                        #12
                        What does it say about who have access to the room you occupy? If any notice has to be given? Are any services provided by the landlord? Regardless of what the agreement say, is it reflected in practice?
                        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                        I do not answer questions through private messages which should be posted publicly on the forum.

                        Comment


                          #13
                          It's actually an AST. Contact the experts, Shelter, 0808 800 4444 to check
                          https://england.shelter.org.uk/legal...ancy_agreement

                          so you may legally only be forceably evicted by s21 or s8 notice, (2 months min notice for s21..) then court then possession order then bailiffs.
                          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                          Comment


                            #14
                            Originally posted by KTC View Post
                            What does it say about who have access to the room you occupy? If any notice has to be given? Are any services provided by the landlord? Regardless of what the agreement say, is it reflected in practice?
                            Just gone over it. It doesnt say anything about anyone having access to my room i occupy apart from 'people i bring along to make sure it is kept safe and locked' etc

                            it says 'upon passing six months, I have to give one months notice if i want to vacate......'

                            no services are provided by the landlord (directly to us) only cleaning which is every week in the communal areas.

                            Comment


                              #15
                              Originally posted by KTC View Post

                              Who even is the landlord per the agreement?

                              "between licensor and licensee' and proceeds to give name of the agency and my name" sounds like who you think of as the agent is actually the landlord and not the freehold/long leasehold owner of the property.
                              the licensor is the agency/estate agent who letted me the room. It is not in anyone elses name or in any other companies name

                              Comment

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