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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70180
Experience:  Over 5 years in practice.
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I am a tenant in an apartment in which the landlord has a room

Customer Question

I am a tenant in an apartment in which the landlord has a room but does not live here. He has not given me a tenancy agreement and has asked me to leave with only two weeks notice. He has arranged visits by an estate agent without informing me and today has told me to leave immediately. What are my rights please.
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What type of contract is this please?
Customer: replied 3 years ago.

I have not been given a contract- I had assumed it would be short term assured tenancy

Expert:  Remus2004 replied 3 years ago.
Is that what you agreed?

I know there hasn't been a paper contract but did you agree a certain number of months at X amount.
Customer: replied 3 years ago.

There was not an exact number of months and I knew he would be putting it up for sale although he was not very specific for this. Rent was a month in advance and a months rent deposit. He did indicate that he expected me to be there until summer.

Expert:  Remus2004 replied 3 years ago.
Okay. Thank you.

You are almost certainly subject to a periodic tenancy agreement. in the absence of clear agreement amounting to an assured short hold tenancy agreement the law will default to a fixed periodic agreement.

However, he still cannot just give you 2 weeks notice. Notice has to be in proper form and has to be no less than 2 months on or before the rent date.

The only exception would be if you are living with your landlord and sharing amenities and then you would be a lodger not a tenant but even then you would be entitled to more notice than 2 weeks.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

The landlord lives in Yorkshire but does spend a couple of days per week here. We therefore share amenities when he is here.


 


Is there any acts/case law I should quote.


 


Many thanks


 


Shaun

Expert:  Remus2004 replied 3 years ago.
That would change things then. You probably are going to be considered a lodger not tenants.

However, you are still entitled to reasonable notice and 2 weeks is unlikely to be sufficient.

You don't need quote law. In fact, it's a general principle of law rather than anything that comes from a statute.

If he does evict you then you would have a case to seek an injunction to get back in or a least to be compensated for the rents outstanding
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Expert:  Remus2004 replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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