Deposit not protected; L claims that letting's not AST

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    #31
    Housing Act 1988 (as amended)

    1(1) A tenancy under which a dwelling-house is let as a separate dwelling is for the purposes of this Act an assured tenancy if and so long as
    (a)the tenant or, as the case may be, each of the joint tenants is an individual; and
    (b)the tenant or, as the case may be, at least one of the joint tenants occupies the dwelling-house as his only or principal home; and
    (c)the tenancy is not one which, by virtue of subsection (2) or subsection (6) below, cannot be an assured tenancy

    Subsection 2 relates to the rent/rates limitations which don't appy
    subsection 6 has been repealed

    Has the defence given a citation for their comment (ie an act that they are relying on).

    Comment


      #32
      more info to help please

      this is what the defendant has said

      this agreement ia a fixed term tenancy and not an assured shorthold tenancy,the premises are required by the landlord for letting outside the period(s) of tenancy.

      i think he thinks he can use this because the property is used now and again for the odd week/ odd weekend as a holiday let,
      We belive that he should have two agreements for this as mainly it is used as 10/ 11 months student let.

      any thoughts please

      Comment


        #33
        From the governments website:
        http://www.direct.gov.uk/en/MoneyTax...ome/DG_4017930
        Other restrictions

        You can't let the property as a holiday let to the same person for more than 31 days in the year.

        However, if you meet all the qualifying tests for 210 (or 211) days there are no restrictions on longer lets in the remaining 155 days. But these longer lets do not count as holiday lets

        Comment


          #34
          little more info to conclude please

          please excuss my dumness and ignorance

          Generally every year he lets the property for 10 months a year too students and the rest is rented as holiday lets ( probably not all the 2 months to lets as winter periods)

          having taken your last information am i correct in presuming the students let must be then classed as an AST ? If we can prove the let was the same for other students last year are we on the safer side and saying he is incorrect as saying it is a holiday let

          your help and this site has been so helpfull
          many thanks

          Comment


            #35
            Your understanding is the same as mine - but I can't guarantee that my understanding is correct!

            Comment

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