Subletting and TDS scheme

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  • Subletting and TDS scheme

    I have the lease of a 2 bedroom flat. Lately I have not been able to get on with my current flatmate and want to serve her notice. She is not on the lease but before she moved in I have conveyed in an email to her that her notice period is one month. We do not have a formal contract.

    Can you please let me know that if I give her one months notice, then she has to move out? Also, when I get a replacement tenant do I have to put her deposit into a TDS scheme?

    Thanks in advance for all your help and comments.

  • #2
    You mention 'lease'. Do you mean a real lease or an AST? As you live there too:
    a. are you and she both merely tenants under an AST; or
    b. do you yourself own the leasehold interest but co-occupy with her?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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    • #3
      Thanks Jefferey.

      Its an AST that i have with the landlord which is now a rolling tenancy.

      Comment


      • #4
        Originally posted by sandy10 View Post
        Thanks Jefferey.

        Its an AST that i have with the landlord which is now a rolling tenancy.
        But did L grant the AST to:
        a. you alone; or
        b. you + flatmate?
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


        • #5
          Landlord granted it to me alone but he knows that she lives there too.

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          • #6
            Originally posted by sandy10 View Post
            Landlord granted it to me alone but he knows that she lives there too.
            OK. You are an AST tenant. Flatmate is not. From her viewpoint, you are a resident landlord. She is therefore not capable of having an AST at all, even if you tried to grant one to her, and she is effectively a lodger with no statutory protection at all. So you can boot her out without serving any formal Notice.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


            • #7
              Originally posted by jeffrey View Post
              So you can boot her out without serving any formal Notice.
              Tut tut, Jeffrey. Aren't you being a bit harsh?
              I am sure there are a number of steps the tenant can employ before using the aforemetioned and last resort method.

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              • #8
                Thanks Jefferey.

                For the replacement tenant, do i have to put her deposit into a TDS scheme?

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                • #9
                  Originally posted by sandy10 View Post
                  Thanks Jefferey.

                  For the replacement tenant, do i have to put her deposit into a TDS scheme?
                  There is only a requirement to lodge tenants deposits if the person is a tenant and if they have an AST - neither of which apply in your case.

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                  • #10
                    Thanks everyone for your help and comments.

                    Comment

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