UK Property Law
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Do you provide any services to the tenants please - e.g. cleaning?
How often do you visit the property?
not any service .only they want something repair. recently a bit more. Visit not regular, some times 2 or 3 weeks.
and now the other two tenants have left. i sleep inside the property.
How often roughly do you sleep there?
Where do you sleep - the storage room or somewhere else?
no. cos the other two tenants are gone, moved out. so I slept in one of the bedroom. every other day since 25th july.
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?
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.
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.
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.
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.
You may of course agree mutually that he is to leave earlier
Is there anything above I can clarify for you?
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?