What's "reasonable notice": Excluded Occupier ex-AST?

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    What's "reasonable notice": Excluded Occupier ex-AST?

    I issued my tenants who share my house with an AST on the advice of the CAB who told me I needed a suitable form of tenancy agreement to protect my goods which I furnished the house with, and my tenants' rights. Their deposit has been secured at the Deposit Protection Service. The AST had a fixed period from 1st April to 30th September with rent payable monthly. One of my tenants gave me one month's notice on 17th July but has subsequently moved out early (31st July) and won't pay any rent for August because she says she's an Excluded Occupier and only has to give 'reasonable notice'. Surely 'reasonable notice' would constitute the period between rent payments? Also, we've both been living here on the understanding that the AST was legal so this should form the basis of the 'written agreement'?
    Please help as I will have to release her deposit to her within 10 days of her leave date, and from that point on will have no recourse to claim any unpaid rent back from her.

    #2
    Can you confirm that you lived in the same property as the tenant? Did you and the tenant share facilities within the property, i.e. bathroom, kitchen?

    This is needed to establish the type of tenancy.
    I offer no guarantee that anything I say is correct. wysiwyg

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      #3
      Although the agreement may have said "AST", it wasn't as it does not fulfil the criteria set out in the 1988 Housing Act.

      However, it is a contract and subject to standard contract law. If the agreement said it was an agreement for x months, then that is what the tenant is contractually obliged to pay for.

      Tenant is right, they are 'excluded occupiers' and without a contract, they would indeed have to give just 1 months notice. However, that does not make the contract - which they agreed to - invalid.

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        #4
        Yes I do live with my tenants and share bathroom, kitchen and lounge.

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          #5
          I would just add that you didn't need to protect the deposit with the DPS (it wasn't an AST), however you should have no difficulty getting the missing rent up until 30th September from the DPS (if the deposit is big enough).

          If the deposit isn't big enough, or you release the deposit to the "tenant" for any reason, that doesn't prevent you claiming against them for anything that is owed at http://moneyclaim.gov.uk. There are fees, but if you are on a low income, you may be able to reclaim them. If you do have to pay, presuming you win your case, the tenant will be ordered to refund any fees you have paid.

          The small claims process is quite simple and doesn't require the services of a solicitor. However, you might find it useful to obtain a book on the process - a number are available from your local library or Amazon.

          If the "tenant" doesn't pay, you may have to take enforcement action which could include freezing his bank account or obtaining an attachment of earnings order.

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