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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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I have a question about a common law tenancy

Customer Question

I have a question about a common law tenancy.

My Daughter, was signed in to a common law tenancy agreement for a flat that she rented http://www.rightmove.co.uk/property-to-rent/property-28676517.html

The Landlord says that because it is a common law tenancy he did not have to put the deposit in a deposit protection scheme.

He also says that the the property is part of his home and therefore he is a landlord in residence.

Which in our opinion is not true and the property is intact separate and even has its own courtyard garden, and is even described at 2 property here http://search.savills.com/content/assets/properties/gbcbrscks100108/CKS100108_CKS13000377.PDF

I am of the understanding that is the landlord is in residence then the landlord is responsible for paying the council tax where as it says in the common law tenancy that my daughter has to contact the council and is responsible for paying it.

Is her landlord acting within the law? is the tenancy agreement null and void?

Submitted: 2 years ago.
Category: Law
Expert:  Matt Jones replied 2 years ago.
HI I will try and assist
Expert:  Matt Jones replied 2 years ago.
Can you just clarify, 1) is the property that your daughter owns completely self contained? That is does it have a separate kitchen bathroom etc? and is there any portion that is shared with the landlord (i.e living room etc) 2) Does your daughter still live there or has she left?3) If she has left did she actually pay the council tax?