Student Accommodation as a "Hostel"

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    Student Accommodation as a "Hostel"

    Dear all,

    I was wondering if you could clarify a situation for me.

    Imagine a charity run private student halls of residence of ca. 20 residents. They are on annual fixed term contracts and have a mixture of single occupant rooms with locks and shared rooms also with locks. It is the declared sole residence of at least some of the residents. There is an employee of the charity accommodated in a self contained flat that shares no facilities in the building. It is not Licenced as an HMO.

    The contract issued is set as a Licence by virtual of the fact that it is a self-declared "Hostel". Whilst obviously the shared rooms must be Licences by due of a lack of sole possession I've recently been wondering whether the "Hostel" status is bogus with respect to my reading of the Protection from Eviction Act 1977 and Housing Act 1985 and has been used as a sham device. It would appear to me to have the same status as any other private (non-college) accommodation and so the contract would either be a AST or (if the employee can be defined as Landlord since he may be an agent of the L) confer Occupancy with Basic Rights.

    I'd be grateful if someone could shed some light on this.

    No honest and decent charity would pretend that this wasn't a HMO or that the agreement is not an AST - unless the charity is the university
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...


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