UK Landlord Forum / Life

Hi there!

Bedroom 1

Just by way of background, on 1 May 2014 I signed a 12 month fixed term licence agreement for renting a room in my home.

On 12 May 2014 I went to live abroad for what I thought would be a period of 7 months at the time. However it has lasted just over 2 years now.

I should be most grateful if you would please advise me on the following:-

1)   Has this licence agreement converted into an AST and, if yes, at what point in time;

2)   I have renewed this licence agreement twice now, each time for a fixed term of 12 months. However, just recently on 27th January 2017, I have renewed for a third time as a periodic agreement where each side can give not less than one months notice. My tenant insists the notice should be a 2-months notice as we have an AST in palace. Is this correct?

3)   My tenant asks if her deposit has been protected. It has not been as I firmly believed where there is a licence agreement this is not necessary. However, in case I am wrong, can I protect my position legally by registering the deposit now with the newly signed periodic agreement or is it too late?

Basically, I would like to move back into the room with the newly signed periodic agreement asap. This tenant is likely to be problematic and it makes me nervous that if I am too late with registering the deposit, I may not be able to evict her.



Bedrooms 2 and 3

I have further questions in relation to the other two tenants each of them occupying the remaining 2 bedrooms. They signed their contracts in July 2016 and September 2016 respectively when I was no longer living at the property.

1)   Are their agreements AST's?

2)   If yes, will I protect my position legally if I secure their deposits now?

3)   If one of the rooms becomes available and I move back into the flat, will the rest of the AST's convert back into licence agreements?

4)    If yes, will the requirement for the deposit to be registered no longer be necessary to be complied with.



All 3 bedrooms

I am being told that because I have surrendered possession of my property, all agreements for the rooms at the property are now AST's.

1)   Would that mean that with unprotected deposits, my tenants can use this as a tool to remain in the property for as long as they wish and not necessarily paying rent?

I should be most grateful if you would please help me with the above. I am a single mum and this is my home. I would like to move back asap and to legally protect my position against any unpleasant surprises coming from my tenants.

Thank you in advance for your advice. Your help most appreciated.

BB

1) Yes. When you moved out I think.
2) Yes, at least 2 months, Section 21.
3) You can protect it now, you should, but it will not resolve your issues around non-protection.
1) Yes.
2) Same as above.
3) No, interesting silver bullet concept, though.
4)  It's no, so no.
1) No, you get those deposits protected to re-enable you to proceed.

Look up Street v. Mountford I think.

It's not very fair to say it's your home after 2 years of being away... nearly 3. It's your asset, not home. I would consider pragmatic solutions to your problem, if you know what I mean.

http://www.landlordlawblog.co.uk/2013/01/15/renting-property-on-a-license/

Thank you Hippogriff, that was very helpful. Much appreciated.

BB

Just one final question.

I am about to protect the deposit. What are the penalties for doing that after the required period? What is the worst case scenario I should prepare myself for?

Thanks again

BB

3x the deposit.