Licence to occupy a room in shared house

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    Licence to occupy a room in shared house

    Hello,

    My friend has a licence to occupy a room in shared house (that's how the paper the landlord and she signed is titled). There are several people living in the house. The landlord lives in a different place.

    The license says that "The lanlord may at any time enter and inspect the accommodation and room.". It also says that "the licensee shall not be entitled to tenancy or statutory protection under Housing Act 1988".

    They indeed turn up randomly, without any notice, opening the door with their own key.

    Is this legal? Could anything be done to prevent the landlord from entering without notice?

    Thank you.

    #2
    Originally posted by medvezhonok View Post
    Hello,

    My friend has a licence to occupy a room in shared house (that's how the paper the landlord and she signed is titled). There are several people living in the house. The landlord lives in a different place.

    Therefore your friend has a tenancy, not a licence

    The license says that "The lanlord may at any time enter and inspect the accommodation and room.". It also says that "the licensee shall not be entitled to tenancy or statutory protection under Housing Act 1988".

    The landlord cannot over ride tenancy laws and statutes by making your friend sign a bit of paper.

    They indeed turn up randomly, without any notice, opening the door with their own key.

    Is this legal? Could anything be done to prevent the landlord from entering without notice?

    Depends. Is this an HMO? Does the landlord just go into the common parts? Do all tenants have their own lockable room?

    Thank you.
    What about the deposits? Are they protected? If the landlord does not understand what's acceptable in granting tenancies you can bet they are not protected in any of the deposit schemes.
    Also the gas safety certificate should be available for the tenants to see.
    I offer no guarantee that anything I say is correct. wysiwyg

    Comment


      #3
      Thanks for your reply.

      I believe it's a house in multiple occupation (HMO) - a house with several rooms, occupied by different people. Each have their own lockable room. Does it mean the landlord can enter the house at any time without notice?

      I don't think the deposit is protected - there's nothing about deposit protection in the licence (or a tenancy as you advised), although it says that the deposit of said sum is hold with them. Is this legal?

      Many thanks.

      Comment


        #4
        Originally posted by medvezhonok View Post
        I believe it's a house in multiple occupation (HMO) - a house with several rooms, occupied by different people. Each have their own lockable room. Does it mean the landlord can enter the house at any time without notice?
        The tenants have exclusive possession of their rooms only, not the communal areas. LL cannot enter the private rooms without notice or the consent of T, but he can enter the communal areas.

        I don't think the deposit is protected - there's nothing about deposit protection in the licence (or a tenancy as you advised), although it says that the deposit of said sum is hold with them. Is this legal?
        Assuming the property is in England/Wales, the deposits should be protected by a scheme. I suggest your friend contacts the Tenancy Relations Officer at the local council and shows them his contract. I say this because, if the LL is trying to evade his statutory obligations in terms of the tenancy contract, and deposit protection, then I suspect he could do with a wake up call.

        Comment


          #5
          Alternatively: it might be a true licence (e.g. if the letting documentation does not specify which room).
          If so, the 1988 Act does not apply and nor do deposit protection requirements either.
          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

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