Tenant vacating one room and refusing to leave the other on 1 month notice

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Tenant vacating one room and refusing to leave the other on 1 month notice

    Hello,

    I have another problem with the same house I did before. What a luck!

    I had 2 brothers living in ahuge room in my HMO house and their contract was meant to end in May 2010. They however asked to vacate that room earlier as one of the brothers decided to live with his girlfriend. I do not mind accomodating so agreed to this. At the time smaller room became available and one of the other brother asked if he can stay there which I agreed to.

    Now I have problems with him as he is constantly calling me in the evening saying that he is unhappy, so I offered 1 month notice and started the process of advertising, etc Also as I took 1 month advanced rent I told him not to transfer any funds into my account as I have advanced rent for the last month. He did not pay rent and is using the advanced rent from the previous room agreement.

    Yesterday (7days) after the notice he said that did want want to move.

    At the moment he is in the smaller room but did not yet sign the agreement. I guess he is in periodic AST? does this mean that I actually can give 1 month notice?

  • #2
    If he vacated the larger room, he stopped having an AST of it- and probably ended the letting in toto.
    If he thereupon moved into the smaller room and began occupying it, he probably started an [oral] AST of it. What written evidence do you have?
    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

    Latest Activity

    Collapse

    • Freeholder Scaffolding Over My Flat
      Jcg76
      I have a leasehold studio flat with a garden in London that I rent out to tenants.
      Recently, the freeholder gave me three days notice that he was extending part of the building my flat is joined to and he would need to put scaffolding on my flat roof and in my garden. I immediately objected saying...
      24-07-2017, 21:20 PM
    • Reply to Freeholder Scaffolding Over My Flat
      Jcg76
      Thanks for the above info, especially the 20-30% info, I wanted to get an idea of the standard/reasonable amount.
      He does have permission, but we were not informed, although our lease stipulates that we cannot object to any of his building works. SO not a lot I can do about that.
      Can anyone...
      25-07-2017, 20:24 PM
    • Tenant application form
      Elum
      Hi all!

      So we are just about to put our flat on the market to rent is there anywhere we can get a ODF application form that we can email to any prospective tenants?

      Thanks in advance,

      Liam.
      25-07-2017, 20:14 PM
    • Three guarantors = three guarantees of deed or just one?
      aciduzzo
      I will have three guarantors as there are three (student) tenants. The agency has sent me a guarantee-of-deed sample, but i'm not sure whether i should send a separate one to all guarantors, or just have one listing all guarantors. What do others on here do?
      25-07-2017, 10:05 AM
    • Reply to Three guarantors = three guarantees of deed or just one?
      aciduzzo
      I've used landlordreferencing.co.uk for the referencing and RGI. They seem to think it's standard to ask the guarantors to guarantee the full amount. They weren't even sure whether they could provide RGI if the guarantors are only liable for 1/3 rent. So i have asked them to check with the underwriter...
      25-07-2017, 18:19 PM
    • Burglary Damage - Who Pays?
      Pb21
      Our rented flat was broken into, in the process the Yale lock was broken and cost £100 to repair. The landlord is refusing to pay this on the basis we didn’t also lock the door with the mortice lock. We didn’t use the mortice lock as it wasn’t working although the landlord did not know this....
      25-07-2017, 11:40 AM
    • Reply to Burglary Damage - Who Pays?
      leaseholder64
      It is typically a condition of insurance that there be secure, morticed deadlock, at least for contents insurance....
      25-07-2017, 17:09 PM
    • AST end date 31/07/17 advice needed.
      scooter08
      Hi, Guys, I have posted a few threads on this forum now and although the section 21 notice is probably invalid I don't want to let the landlord know that yet.
      I'm after help with writing my landlord a letter. He wants us out on the 31/07/17 and keeps asking me how I intend to leave the keys for...
      25-07-2017, 09:54 AM
    • Reply to AST end date 31/07/17 advice needed.
      scooter08
      I hear you Wright76 we're stressed out as well. We have 3 kids all with additional needs so don't want any court action and definitely not bailiffs. My landlord doesn't understand why I'm being picky, with the needs my kids have they all need separate rooms. I haven't told the landlord this as it's...
      25-07-2017, 16:45 PM
    • Reply to Burglary Damage - Who Pays?
      Pb21
      Thanks for your reply jpkeates, although just so I am clear and for the avoidance of doubt is your statement that as there has been damage while we were responsible for the property we are, consequently, responsible for the damage, your opinion or a fact?
      25-07-2017, 16:17 PM
    Working...
    X