Issue with housemate and notice

[andycuk]

I am in a house share with 1 other who has given me notice to leave the initial period was from the 27th June for a minimum of 3 months he has given me notice via email on 12th September that he is giving me 2 weeks notice and will be moving out on the 24th having taken the verbal notice as being from 10th September.

 

He is stating he is an excluded occupier and only has to give reasonable notice, and he believes that 2 weeks is reasonable.

 

Having looked into the definition of an excluded occupier it states that it is someone who lives with the landlord, I am not the owner/landlord just another tenant.

 

I believe this makes this a periodic tenancy, unfortunately the this person that took on this room did not want a tenancy agreement when he became part of the house share.

 

I would ask can someone please clarify where we stand on notice period and when he has to give notice I believe it is 1 months notice (the rent is monthly) and is from the date the rent is due therefor from 1st October for 1month. The advert I placed for the houseshare was for a min of 3 months he moved in on the 27th June so has not as yet completed the 3 months.

[Snorkerz]

Is this person mentioned on the tenancy agreement that you have with your landlord?

[andycuk]

No but the tenancy is a periodic tenancy

[andycuk]

He stated he did not want a tenancy agreement

[andycuk]

He stated he did not want a tenancy agreement. The 12 month short hold tenancy ended with current landlord on 1st Novermber 2010 was never renewed

[Snorkerz]

He stated he did not want a tenancy agreement. The 12 month short hold tenancy ended with current landlord on 1st Novermber 2010 was never renewed

That tenancy is still valid but is now a Statutory Periodic Tenancy (section 5 - 1988 Housing Act). The Tenants on that agreement are 'the tenants'.

 

It certainly seems that you (and the others named on the AST) are his landlord, and as such he is an excluded occupant. Your landlord (who this person has no contract with) is his 'superior landlord' to coin a legal phrase.

[Snorkerz]

Who does this guy pay his rent to?

Who agreed that he become a 'tenant/lodger'?

Why are you dealing with this (not your landlord)?

[andycuk]

The guy pays me and I then pay the rent to landlord he moved in with the landlords permission and knowledge

[andycuk]

I am dealing with this as lead tenant if you like this is a house share

[Snorkerz]

IMHO, your 'co-tenant' is not a tenant, he is a lodger.

Has he paid a deposit? If so, who to?

[andycuk]

Yes £500 to me

[Snorkerz]

Yes £500 to me

Then is he a tenant in your opinion? If so, did you possibly break the law by not protecting the deposit?

Or is he a lodger? In which case there is no need to protect the deposit.

[andycuk]

Hmm interesting point would still be interested in what the notice period etc eg previously mention?

[Snorkerz]

As a lodger, it is what ever you agreed. However, if rent as paid monthly, then I would consider a month to be reasonable.

The lodgers claim about 'reasonable notice' is a reference to the Protection from Eviction Act 1977 and refers to the notice the landlord must give to the tenant, not vice versa.

 

Go for that, if he isn't happy, he will have to sue for however much of the deposit you retain. I wouldn't rate his chances.

 

If I may, I would also suggest you keep out of tenancy matters in the future if the next occupier is to be a joint tenant with you, then get the landlord to get all the paperwork sorted out to ensure everything is legal and correct.

[andycuk]

Thank you so much fantastic help. What about when he can give notice?

[Snorkerz]

All depends on what was agreed and what you can prove. I think a court would think a months notice is reasonable. but I can't guarantee that. As he gave notice on the 12th, I would charge him rent until 11th October.