Is my Resident Landlord acting illegally?

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    Is my Resident Landlord acting illegally?

    Relationships have broken down between myself, my fellow tenant and the resident landlord. She was extremely rude and aggressive in manner towards us after I gave her my one months notice to terminate my contract in writing rather than speaking to her. She has barely spoken to either of us in the past 3 months and the reason I am leaving is that when I was searching on an advertising site for somewhere new to live I came across my fellow tenant's room for rent. She had not spoken to him or given him any reason to believe she would be terminating his contract so soon. Is she legally allowed to advertise a room without giving an existing tenant his notice?

    I am also worried that she will withold my deposit. I very lightly burnt a small part of carpet in my bedroom which at the time she said "oh don't worry, I didn't exactly go all out on the carpets did I". Now that our relationship has broken down she has been extremely nasty about the deposit and how much I owe her. If she had been civil and courteous about the whole matter then of course I would accept that I have to pay but the fact of the matter is that the tenancy agreement states that she should have shown me an inventory when I moved in, which she did not so there is no evidence that the burn wasn't here when I moved in.

    Also, my tenancy agreement states that it is for a furnished house or flat on an assured short hold tenancy. I have read up that resident landlords are excluded from granting an assured short hold tenancy.

    Can anybody shed any light on any of this? Thank you.

    #2
    Your landlady has done nothing illegal.

    You are on a hiding to nothing. Move on.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

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      #3
      The fact that the paperwork says AST is irrelevant, it isn't an AST unless the circumstances dictate i is an AST. You and your co-lodger are 'excluded occupiers' sharing the landlords home.

      You are both entitled to 'reasonable notice' but no court order is required to evict you - reasonable notice could be anything from 2 hours to a month depending on the circumstances or any contractual arrangements. If the tenant had done nothing wrong, then the latter is more likely.

      With regard to the deposit, if you can not agree with the landlord an appropriate amount to be returned at the end of your stay (it is not a tenancy) then you will have to do what we landlords have to do when we can't agree things with tenantc, use the county court - it is what it is there for.

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        #4
        Was she living in the building when you moved in? If not it would be AST
        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...

        Comment


          #5
          Originally posted by Snorkerz View Post
          The fact that the paperwork says AST is irrelevant, it isn't an AST unless the circumstances dictate i is an AST. You and your co-lodger are 'excluded occupiers' sharing the landlords home.

          You are both entitled to 'reasonable notice' but no court order is required to evict you - reasonable notice could be anything from 2 hours to a month depending on the circumstances or any contractual arrangements. If the tenant had done nothing wrong, then the latter is more likely.

          With regard to the deposit, if you can not agree with the landlord an appropriate amount to be returned at the end of your stay (it is not a tenancy) then you will have to do what we landlords have to do when we can't agree things with tenantc, use the county court - it is what it is there for.
          Thank you.

          Comment

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