Is my AST co-tenant trespassing if he enters my bedroom?

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    Is my AST co-tenant trespassing if he enters my bedroom?

    I'm one of three tenants on a shared AST. It's a three-bedroom house with shared kitchen, lounge and bathroom.

    If my co-tenant enters my bedroom without my permission, is that trespass? And aggravated trespass if I've warned him not to?

    There's lots said about landlord/tenant and tenant/landlord trespass, but not so much available about tenant/tenant trespass…

    Our tenancy is ending to allow maintenance on the house, after which he'll move back - I'm moving on. He plans to store his furniture in what's currently my room, move out one month earlier than the AST termination date for which we've been served notice, and has apparently agreed all with the LA on my behalf that we'll vacate one month earlier than the notice date. I think he is insane to assume this is ok, and don't trust him not to do anything else mad like start moving his stuff in while I'm still in the room.

    #2
    Are you all tenants on a single ast agreement, so that you are jointly and severally "the tenant", or do you have three separate agreements for a specific space with shared resources?
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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      #3
      We're joint tenants on a single AST. It doesn't specify which room is whose.

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        #4
        In which case I think you are all essentially one tenant with access to the whole property.
        So I don't think trespass is possible (although it's not something I'd claim to have any experience of).

        Any one of you can agree things with the landlord on behalf of all of you, including giving notice.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          Originally posted by jpkeates View Post
          I think you are all essentially one tenant with access to the whole property.
          I think that has to be the case. Each tenant is entitled to occupy the whole.

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            #6
            OK, fair enough. It makes sense that we're all entitled to use all of the property.

            Originally posted by jpkeates View Post
            Any one of you can agree things with the landlord on behalf of all of you, including giving notice.
            What what what what WHAT? One tenant can arrange to end the tenancy early to suit his convenience, without regard to the other tenants? Surely that has to be a unanimous decision?

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              #7
              Are you still in the fixed term (in which case it would have to be a unanimous decision)?
              If you are outside the fixed term, any one of you can agree to end the tenancy with the landlord (although there's case law that says you should be able to rely on a minimum of four weeks notice).
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment


                #8
                Yes, we're still in the fixed term. My housemate and the LL would prefer we leave one month early, but notice was served for the original AST end date.

                Thanks for the advice!

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