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

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


    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*
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