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Hello my name is ***** ***** I will help you with this.
You are a lodger, you cant have an AST. He is a live in Landlord.
You are a lodger. This means that you have a lodgers contract. So you are only required to have notice as per the tenancy agreement.
Can I clarify anything for you about this today please?
Yes thats ok. No its not an AST, you have a lodger agreement
Does that clarify?
Its not an AST. Its a lodgers agreement. it cant be an AST - he lives in.
Yes. Save for the requirements that give you protection under the Housing Act.
What you have is a lodger contract
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By law because you are a lodger it does not have to be protected.
Unless the agreement says otherwise you can use it to set off against the last month.
But if the Landlord does not provide the deposit back you can issue proceedings.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
No, he can't snoop either. He cant record events in your room.
Report it to the Police.
Its a 1 page document. Its a lodgers agreement, you are renting a room. That is it.
My advice has not changed.I can look at the AST but it will be an additional service as I need to review and consider the document.
In short the law is this - you are renting a room, you are a lodger. It can NOT, I repeat, can NOT be an AST
This is a long document. As it is 18 pages this will be an additional service.
I can consider this for you but it is extra.
Which bit of the AST are you concerned about?
Its not binding, as it can NOT be an AST. You have a live in Landlord.
The deposit can't be used no, but you would be entitled to it back at the end of the term. He needs to months notice and you would need to give a month.
Ah ok. Well in that case don't pay the last bit of rent and then seek to have the deposit offset.