Resident Landlord

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    Resident Landlord

    Hi all,

    I hope someone can assist. I am helping my brother evict a tenant. My brother lives in a house where he occupies one room. He lets out 3 other rooms in the house. All share the bathroom and kitchen.

    He gave a tenant a AST for 6 months despite the fact that he should really be classed as a licencee. I have searches a lot on this on the interent and get different answers as to whether he is a tenant or a Licencee. The fact that my bro has given an AST agreement does not help and in fact hinders him I think.

    Can anyway point me in the right direction of the relevant law and whether giving an AST agreement for a room with a resident landlord makes it a Assured shorthold tenant or whether this makes no difference and he is still classed as a licencee.

    Thanks,.

    #2
    As your brother is resident, the occupier O:
    a. is a lodger/licensee (not a tenant);
    b. has no statutory rights; but
    c. does have whatever contractual rights were granted by the written Agreement (which is valid, although not as an AST).
    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


      #3
      Jeffrey

      Thank you so much. The tenant (or shall I say Licencee) is trying to be clever and quoting AST law. Is there any particualr section of the Housing Acts I can look at which confirm this point so I can write to him and put him straight.

      Another point I have found from my search on the internet is that if I serve him a notice to quit and he does not leave he becomes a tresspasser and I have to go to Court to evict him. Is this correct.

      Comment


        #4
        Originally posted by mo999 View Post
        Thank you so much. The tenant (or shall I say Licencee) is trying to be clever and quoting AST law. Is there any particualr section of the Housing Acts I can look at which confirm this point so I can write to him and put him straight.
        Try paragraph 10 of Schedule 1 to the Housing Act 1988. See post #38 on http://www.landlordzone.co.uk/forums...ad.php?t=28889.

        Originally posted by mo999 View Post
        Another point I have found from my search on the internet is that if I serve him a notice to quit and he does not leave he becomes a tresspasser and I have to go to Court to evict him. Is this correct.
        Yes. He has no statutory rights at all. Once his contract ends, he's out!
        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


          #5
          Thank you so much...

          Comment


            #6
            Originally posted by mo999 View Post
            My brother lives in a house where he occupies one room. He lets out 3 other rooms in the house. All share the bathroom and kitchen.
            Is your brother aware that the house is possibly an HMO?

            Comment

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