Eviction from shared house- is landlord 'resident'?

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    #16
    I agree it would be wise to contact LL prior to any big show-down. A letter from CAB/Shelter/local council tenancy relations officer would have more weight than something only from T.

    Also get advice from Police if you think he may try it on. Police have been known to make mistakes regarding eviction (by assisting when they shouldn't) so it could be wise to set the story straight well before hand so they protect T.
    All posts in good faith, but do not rely on them

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      #17
      Originally posted by jeffrey View Post
      For owner's period of only/main residence at the property, T is a lodger.
      If owner then ceases to have only/main residence at the property, T becomes tenant.
      Hi

      Not necessarily. It is quite possible to have a resident landlord but still be a tenant - an ordinary contractual or common law tenant. I agree with Paul Gibbs that the OP in this case is more than likely a tenant - it appears that he or she has exclusive possession of at least one room and pays a rent over a period and there is no mention of other services being provided, such as food or room cleaning, which might negate the existence of a tenancy (Street v Mountford).

      Originally posted by Beeber View Post
      Do they automatically lose the right to call their own property as their principle home because they've secured temporary accommodation elsewhere and only come back to their own house for occasional weekends?
      No they don't. It is quite possible for a resident landlord to have more than one home - and many do. However, by definition, only one of these can be the principal home. Deciding which is the principal home is a matter of evidence. Factors to be taken into account will include where they spend most of their time, where their mail goes, the address they quote on official documentation as their home, etc. In other words, fairly common sense kind of stuff, although its not always easy to weigh the evidence in the balance and come to a firm conclusion.

      So, if the OP is a tenant and they do not have a resident landlord, then they will be an AST.

      If the OP is a tenant but with a resident landlord the next step is to decide whether they are an excluded or a non excluded tenant.

      Where the landlord (or a member of his or her family) shares any accommodation with the person he or she is letting, the letting is excluded. “Shared accommodation” means any part other than stairs, halls, passageways or storage space; so that while a tenant in a self-contained flat would not be considered to be sharing accommodation with the landlord, even someone who has most of their own facilities but shares a toilet would. However, even if the occupier only shares accommodation with a member of the landlord’s family, the arrangement will still be counted as a sharing one if the landlord himself also lives in the house.

      For non-excluded tenancies and licences, notice must be of at least whichever is the longest of:
      • four weeks, or
      • the term of the let, if any (for example, a month if rent is
      paid monthly), or
      • whatever has been agreed between the parties
      and, for a periodic tenancy, end on the last day of a period(usually the day rent is due). It must be served in writing; if itis served by the landlord, it must include certain specifiedinformation (see appendix A – pre-printed forms are available from law stationers). Notice to quit should be clear and accurate about the property and the tenant or licensee it is addressed to. While some minor errors that could not mislead
      the recipient may be overlooked, defects in the content or timing of a notice will make it invalid.

      For a non-excluded licence or tenancy, eviction must only be via a possession order from the court.

      For excluded tenancies, unless the landlord and tenant agree otherwise, notice must be at least the length of the period and end on a rent day. However, there is no four-week minimum (so, for example, a weekly tenancy could be ended with a week’s notice), and the landlord and tenant are free to agree in advance that notice should be shorter or longer. Notice does not need to be written (so there are no requirements for prescribed form), but it is a good idea to give it in writing anyway, in case of future dispute. However it is served, it must still be clear and be timed properly in order to be valid.

      On the face of it, my view is that the OP is being threatened with illegal eviction.

      Preston

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        #18
        Hi Thanks for all your replies, I have advised T to seek legal advise and to discuss with them about alerting the police. Hopefully the Police will call landlord and warn him off as T really wants to avoid a confrontation.

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          #19
          Is it worth calling the Police in advance?? My worry, somewhat cynical, is that they will not understand and may assist the LL..

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            #20
            Originally posted by Paul Gibbs View Post
            We need to clear up the situation on the tenure first. Are you able to give more information on the set up - how many rooms how many tenants how does the LL claim he is resident?
            does the agreement say anything about exclusive possession of rooms or anything like that?
            Paul, thanks for your reply. There are 6 let bedrooms, one shared kitchen diner, and one shared bathroom with toilet and a separate toilet sink.

            Update T has been in contact with local council (LC) who seem sure house should be a HMO yet does not have HMO license, they have been chasing LL for a while and T has now given them LL's contact details. LC are meeting T at house today for inspection and seem to be keen on kicking LL's proverbial.
            T has also now contacted a solictor who has grasped the situation and wants to meet T today.

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              #21
              Originally posted by Preston View Post
              It is quite possible to have a resident landlord but still be a tenant - an ordinary contractual or common law tenant.
              Yes, I agree. Sorry for my previous opaqueness!
              The "tenant/lodger" distinction hinges on whether L:
              a. occupies same premises as T [= lodger]; or
              b. merely resides elsewhere in same premises as T [= tenant but non-1988 Act].
              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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