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Joshua
Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Hi,joshua, I feel big head about my property, I own an two

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Hi,joshua, I feel big head about my property, I own an two bedroom flat in south London( southwark council) And rent out all the single rooms. I dont live there, but I keep a little storage room for my self , sighned lodger agreement with tree tanants. But recently because of my work , I need to live abroad for a while,thus I ask my tanants to leave earlier than the date which the contract signed. There is one tanant doesn't want to leave, and he said he has the right to live there until the end of contract finished even in the contract we say give one month notice when need early finish the contract. Can I evict him out if I give him one month notice now? Many thanks!

Joshua :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Joshua :

Do you provide any services to the tenants please - e.g. cleaning?

Joshua :

How often do you visit the property?

Customer:

not any service .only they want something repair. recently a bit more. Visit not regular, some times 2 or 3 weeks.

Customer:

and now the other two tenants have left. i sleep inside the property.

Joshua :

Thanks.

Joshua :

How often roughly do you sleep there?

Joshua :

Where do you sleep - the storage room or somewhere else?

Customer:

no. cos the other two tenants are gone, moved out. so I slept in one of the bedroom. every other day since 25th july.

Joshua :

Thanks. Lastly could you advise when you rented the property to the tenants roughly and that you have not been living there for most of that time until 25 July when you moved back in. And what is the term that is provided for in the tenancy agreement?

Customer: I rent to him in may. His contract finishes in November . I didn't live there until 25th July. Early leave : by mutual agreement either party may at anytime end this agreement earlier that the end of the period by giving to the other written notice of one month. The room: meaning the room at the property that has been nominated by the owner and agreed to by the lodger. Term is 6month. He pay rent monthly. The shared areas: the room in the property which the owner has agreed can be used by the lodger on a shared basis with the owner and any other people living at the property, inclusive of the kitchen, bathroom , storage room, living room, hallways and access routes.
Joshua :

Thank you. because you did not live in the property for most of the first 3 months it is likely that this tenancy will not be a lodgers agreement but rather an assured shorthold tenancy irrespective of what it may be called on the agreement itself - this is following the decision in Street v Mountfort whereby it was decided that where a landlord does not genuinely live in the property unless the landlord provides services to the tenants (e.g. cleaning or food) the tenancy will be an assured shorthold tenancy.

Joshua :

Under an assured shortholf tenancy there is a minimum period of security of tenure of 6 months during which the tenant cannot be forced to leave unless he falls more than 8 8 weeks behind in rent.

Joshua :

To proceed on a basis other than the tenancy being a shorthold tenancy would risk any eviction being deemed unlawful under the Protection Against Eviction Act which can be a criminal offence.

Customer: Thank you very much
Customer: !!!
Joshua :

If you could show that you offered cleaning services or food catering then you would have the basis of asking him to leave earlier under the term of the contract. If you did not I fear that you would be risking a claim and potentially a fine if you force him to leave earlier.

Joshua :

You may of course agree mutually that he is to leave earlier

Joshua :

Is there anything above I can clarify for you?

Joshua and other UK Property Law Specialists are ready to help you
Customer: replied 3 years ago.


the tenant agreement start in 28th of may. i moved in 25th July. He seems not in the property since the next day. and he should pay me the rent yesterday . but he didnt. can i make him move out? or what can i do?

Sorry for the delay in reverting to you.

Is this the first time he has been late with the rent?

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