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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 22403
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Hello I live in a two-bedroom house with a lady I lived

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Hello

I live in a two-bedroom house with a lady I lived in a flatshare with previously. This lady was looking for a house to rent and I pointed her in the direction of my friend who was looking to rent out his two-bedroomed house, which she now rents and has signed a fixed tenancy agreement for this.

As I was looking for a room to rent, she agreed to rent out the other room to me (with verbal permission gained from the owner, although there is no written permission yet submitted); however, there is no agreement between me and this lady for this. This lady pays the rent to the owner and her name is XXXXX XXXXX bills - I just basically pay her my half of the rent and bills each month.

At the time when she signed the fixed term tenancy agreement with the owners (I was present for this but didn't sign anything), it was verbally agreed that I would pay my half of the first months rent and half the deposit to my friend which I did. The whole deposit has been put into the DPS by the owners.

My questions are:-

When the tenancy ends and given I have nothing in writing to say that I paid rent and deposit in advance, etc, can she just decide not to give me my deposit back?

Am I classed as a lodger or excluded occupier? (We both share all facilities of the house and as I have the room where the loft is located, she always asks permission to enter my room).

Would I have to stay until the end of the fixed term tenancy and if not, how much notice do I have to give?

Many thanks
EJB

Thank you for the question. It is my pleasure to help you with this today. Please bear with me if I ask for more information.

 

it comes down to what facilities you share with this friend. If you share the kitchen, bathroom or living room, then you are an excluded occupier and either of you can end the tenancy on reasonable notice.

 

If you don’t share any living space, but simply use your own room you are a lodger/ non-excluded tenant and she cannot evict you without a court order unless you leave voluntarily. In the case of an excluded tenancy (if you share facilities), the notice required is one week. If you paid rent weekly or one month iIf you pay monthly.

 

An excluded tenant who does not move out at the end of the period can be locked out. The notice period for a non-excluded tenancy (lodger) is the same, although a non-excluded tenancy (lodger) cannot be locked out if they don’t move out.

 

The notice required in either case by the tenant/lodger is the same as the rental period. One month for monthly rent and one week for weekly rent. Here is the government website which explains.

 

https://www.gov.uk/rent-room-in-your-home/ending-a-letting

 

and https://www.gov.uk/rent-room-in-your-home/your-lodgers-tenancy-type

 

So, regardless of what it is, from the facts you have given me, you can simply give one months notice to quit and leave.

 

There is no requirement for you to pay any deposit and by the same token, there is no need for it to go into any scheme. if you do pay one. You are not on the tenancy agreement, you have not signed anything and therefore you do not have to stay until the end of the term.

 

 

Does that answer the question? Can I help further?

Customer: replied 3 years ago.

Many thanks for your quick response.


 


My question states that I "share all facilities"; this includes the bathroom, kitchen and living room, which makes me an excluded occupier as you say. Thank you for the website links - I have already seen these.


 


With regards XXXXX XXXXX response about the deposit, am I to understand that this lady should simply return the deposit to me without having to wait until the tenancy ends at which point a deposit is usually returned via DPS?


 


many thanks


EJB

Yes, she should return it to you as soon as you vacate.
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