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Is It Assured Shorthold Tenancy or a License to Occupy?

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Author Topic: Is It Assured Shorthold Tenancy or a License to Occupy?  (Read 79 times)
Newbie
Posts: 2

I like property

« on: January 10, 2021, 08:11:13 AM »

[Deleted]

« Last Edit: January 12, 2021, 05:10:45 PM by Pyattste »
Hero Member
Posts: 501

I like property

« Reply #1 on: January 10, 2021, 02:24:31 PM »

Err, speak to an appropriately qualified landlord and tenant solicitor sharpish?

You are pretty much bang on about some of the possible legal arguments. The peppercorn rent is too low on its own for the occupation to be assured, but the services in lieu could well bring it (way above) the thershold. Assuming for a minute that it's NOT an AST by excluding the service in lieu, he still sound like he has a tenancy not a licence to occupy, just a common law one instead of AST. So notice to quit, court for order for possession, execution by bailiffs etc.

If he has an AST, you need to return the deposit (you are in breach of the deposit protection legislations), serve all the required documents, section 21 notice, and proceed from there. You would also be liable for penalties under deposit protection.

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I am also concerned having read another post on this forum, that the 500 deposit my tenant paid is considerably in excess of 5x the weekly rent of 1.08 stipulated in the Tenants Fees Act.

Well yeah, but you only get to AST by including service in lieu, so any calculation should include however much the service is deem to be worth. You may still be over of course.

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I asked him to provide security services to my business premise nearby

SIA licensable activities? Are you in breach of any legal requirements there?
Newbie
Posts: 2

I like property

« Reply #2 on: January 10, 2021, 07:58:39 PM »

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« Last Edit: January 12, 2021, 05:11:09 PM by Pyattste »
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