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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have just recently learn't, that a landlord living in the

Resolved Question:

I have just recently learn't, that a landlord living in the same property as the 'tenant' is one of the circumstance under the Housing Act that automatically invalidates the use of a AST.
Does this imply if a AST was in place at the start of a tenancy and the landlord decides to move into the same property as the tenant within 30 days of the start of the tenancy, would this automatically invalidate the initial AST? and if so does this also imply the legal advantages taking immediate effect once the landlord has moved in who then resides permantly at the property such as:
1] The minimum two month notice period for AST no longer applies.
2] Any damage deposit taken will no longer be subject to the Tenancy deposit protection rules and will not have to be protected in one of the schemes.
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know how can I help with this?
Customer:

Hi Alex.

Customer:

I would like confirmation that that a landlord living in the same property as the 'tenant' is one of the circumstance under the Housing Act that automatically invalidates the use of a AST. And if so does it any immediate bearing on the minimum two month notice period for AST and that the damage deposit taken will no longer be subject to the Tenancy deposit protection rules and that any deposit does not have to be protected in one of the schemes.

Alex Watts : If the Landlord is living there it can't be an AST
Alex Watts : you have to occupy the dwelling yourself.
Alex Watts : Obviously though if there is a contract which states the deposit will be protected and 2 months notice then that can't be changed, that is a contractual requirwment
Alex Watts : So those elements would still remain.
Alex Watts : But would it be an AST no.
Alex Watts : But all other items within the contract remain
Alex Watts : Can I clarify anything for you about this today please?
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