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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 18744
Experience:  I have been practising for 30 years.
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I have a tenant, that signed a license agreement for one

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Hi i have a tenant, that signed a license agreement for one month and he is now in the rolling period, reading my agreement i realize is the same as a lodger agreement even if is stated licence agreement.
My tenant wanted to stay an extra month that will expire on the 16/06
Now i want to increse my rent or ask him to leave.
Can i increase my rent straight away?
How much is the max i can increase?
Also if he does not accept the increase can i ask him to leave straight away?
He contacted the cab and they stated that he should be under an ast.

Good afternoon. I will assist with your question - be aware this is an email not chat service.

to clarify -

is this person renting a room in your home?

do you live in property?

when did they start the tenancy?

Customer: replied 1 year ago.
I dont leave in the peoperty but in the house on the side
He started the tenancy the 16/04 and we signed for a month ending on the 16/05
Customer: replied 1 year ago.
I’m ok with this email exchange

If you do not live in the property then it doesn’t matter what the document is said to be, it is a Assured shorthold Tenancy. You cannot simply give him a licence and say that he is on a licence. It doesn’t work that way. There are statutory provisions.

If he doesn’t accept the increase then you have to give him three months notice.

You have to give him three months notice of the increase.

It used to be 2 months but the Corona Virus Act increased it to 3.

You can increase the rent in line with the market rent and if the tenant doesn’t like it he can take you to the rent tribunal to have the tribunal set the rent and if he thinks you are being unreasonable he can ask the tribunal to award all his legal costs against you.

You cannot increase the rent astronomically just to get him out.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.

FES

Customer: replied 1 year ago.
Hi where i can find the line for the market rent?

The easiest and cheapest and quickest way is to get a local valuer to do it

Customer: replied 1 year ago.
Where i can find one?

High street estate agents.

I am glad to help. Please don’t forget to use the rating service because it means that I can continue to provide affordable and timely legal advice to people with similar problems.

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Kind regards

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