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Remus2004
Remus2004, Barrister
Category: Property Law
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Experience:  Over 5 years in practice.
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I have let two bedrooms on the second floor of my house with

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I have let two bedrooms on the second floor of my house with the USE of living room and kitchenette on the first floor and the bathroom on the second floor. This is not a separate flat but only a part of my whole property. I have got my area on the ground floor. The let is from 15/11/2014 to 14/05/2015. This is a Shorthold Tenancy. I have decided to sell my property and yesterday on the 14/01/2015 I have served my tenants Notice To Quite with request to vacate my premises by 14/05/2015. Is this notice valid? Do I have to go to Court to apply possession order?
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you question. My name is ***** ***** I will try to help with this.
Are these self contained flats? You seem to be describing shared use of the house with you?
Customer: replied 2 years ago.

They are not self contained flats. There is a common entance and we share the bills. They do not pay Council Tax nor Water bill only gas and electricity bills we share. Each of us pay 1/3 of the bill. The house is not devided into 2 flats, it is still one house but we use separate areas. They use first floor except the toilet which is still mine because there is a central heating bolier there, and they use the second floor - 2 bedrooms and a bathroom. The contract is two rooms with the USE of the rest of the area.

Expert:  Remus2004 replied 2 years ago.

You are the landlord and you live with them.

These people are in effect lodgers in your house. They have a tenancy agreement, then you are liable to give them the notice in the agreement. There is no agreement you have to give them notice depending on how they pay rent and the type of tenancy they have. Generally, it is not more than one month.

The government have webpages on renting a room which you will get from this link

https://www.gov.uk/rent-room-in-your-home/the-rent-a-room-scheme

you will see that you can actually block the tenant out property once the notice expired provided you give them their belongings back. There is no need to apply to court possession order and there is no formal format of the notice but it must be in writing.

Can I clarify anything ? Is

Customer: replied 2 years ago.

Probably my tenants have said that thay are letting a flat which is not true. In the contract is said 'The landloard lets and the Tenants takes All THAT a Single/Double Room on the 2nd floor Together With the USE of the bathroom on the second floor and the living room and kitchenette on the 1st floor in common with other tenant of the said 1st and 2nd floors and all others entitles to the like right Together Also With the fixtures and fitting furniture and effects set forth in the inventory annexed hereto To Hold the same unto the Tenant term of six months commencing on the 15/11/2014 and expiring 14/05/2015. Then that the tenant agrees to pay and indemnify the landloard agains all outgoings including water rates and Council Tax or other local taxes and to pay gas and electric light and power which shall be consumed or supplied on or to the premises during the Tenancy and the amount of all charges made use of any telephone on the premises during the tenancy or a proper proportion of the amount of such charges(which is the case ) to be assessed according to the duration of the Tenancy. If the premises are not separately rated or metered (which is the case) the Tenant shall pay a due proportion(such proportion to be conclusively determined by the landloard which is 1/3) of relevant bills in relation to the building of which the premises forms part. This was drawn by a solicitor and I told him that I want to let by rooms. He didn't mention in the contract how the Tenancy will be terminated.

In the letter from the Council it is said ' If a landloard wants to seek possession he/she has to serve due notice then apply court possession order on one or other statutory grounds under the 1988 Housing Act, as amended by the Housing and Regenaration Act 2008. The normal rout to a possession order in respect of an Assured Shorthold Tenancy is by means of a 2 months written notice(ending at the end of a rent period) under Section 21, such notice being capable of triggering a break clause to end a fixed term. Section 21 provides an automatic ground of possesssion after service of a written notice of at least 2 calendar months duration(from the date of service), expiring at the end of a rent period.

Is my contract the rooms or not? I am confused. Was my last Notice served on 14/01/2015 which terminates the Tenancy on 14/05/2015 valid and do I need to go to court possession order.

Customer: replied 2 years ago.

You say that they are the lodgers but from the Council letter doesn't look that they are. I am confused. Here is my contracts words: THE LADLOARD lets and the Tenant takes ALL THAT Single/Double Room on the 2nd Floor TOGETHER WITH USE of the bathroom and the second floor and the living room and kitchenette on the 1st Floor in common with other of the said 1st and 2nd Floors and all others entitled to the like right TOGETHER ALSO WITH the fixtures and fittings furniture and effects set forth in the inventory annexed hereto TO HOLD the same unto Tenant term of six months commencing on 15/11/2014 and expiring on 14/05/2015. Then THE TENANT agrees with the landloard to pay and indemnify the landloard against all outgoings including water bills and Council Tax or other local taxes and to pay gas and electric light and power which shall be comsumed or supplied on or to the premises during the Tenancy and the amount of all charges use of any telephone on the premises during the Tenancy or a proper proportion of the amount of such charges to be assessed according to the duration of the Tenancy. If the premises are not separately rated or metered(as this is the case) then the Tenant shall pay a due proportion determined by the landloard(it is 1/3) of the relevant bills to the building of which the premises forms part.

This contract was drawn by the solicitor and I told him that I want to rent the rooms. Is this contract the rooms or not? You say yes but the Council treats it as a Shorthold Tenancy. Please clarify. Thanks

Expert:  Remus2004 replied 2 years ago.
The letter from the council is wrong. You do not have to serve a section 21 notice unless it is a Assured Short hold Tenancy and as you live in the building then it cannot be an AST and my original answer applies.
If however you don't live in the building what the council are saying is correct.
Remus2004 and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you very much answer. I do live in the property so the letter from the Council is wrong and they are lodgers. Thanks a lot.

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