Being Asked to Vacate - Need Help (Tenancy Agreement Attached)

sooz

N79 wrote: »

You were right!

And now I'm even more confused. Can a tenant issue an AST to a lodger? I would think not.

Haushinka

sooz wrote: »

And now I'm even more confused. Can a tenant issue an AST to a lodger? I would think not.

See now I'm extremely confused!

The Bulgarian couple have been living there about 5 years - They obviously have some kind of agreement with the landlord that I'm not completely clued up with. They may of been acting on behalf of the landlord as she isn't in the country, I thought this was allowed as they're holding the "lease" as it where.

N79

sooz wrote: »

And now I'm even more confused. Can a tenant issue an AST to a lodger? I would think not.

They can sublet if it is not forbidden by their tenancy agreement. Nearly all tenancy templates have a no subletting clause without the LLs consent (mine certainly do). Without the clause though then there would be no problem with subletting.

However, you are correct in that an AST can not be issued to a lodger as the housing act requires an AST to be for the sole possession of the Ts (ie no live in LLs). In this case the agreement that the OP has is not valid and the OP should have been offered a licence to occupy.

OP I'm sorry to have to tell you that your agreement is almost certainly invalid and that as a lodger you have almost no legal rights. You can be evicted at any time and with any notice. I suggest that you try to negotiate with your LL for the extension you want.

It might also be worth getting in contact with shelter who can take the time to go over your personal circumstances.

joshyblind

Just to clear things up a bit, when we originally moved in we asked for a contract, they openly stated that they had just found one online for us just so we could have something in writing.

Surely the fact they have done this makes them at fault for something?

It wouldn't be as much of a problem if the date they were asking us to move wasn't the middle of the month.

sooz

Haushinka wrote: »

See now I'm extremely confused!

The Bulgarian couple have been living there about 5 years - They obviously have some kind of agreement with the landlord that I'm not completely clued up with. They may of been acting on behalf of the landlord as she isn't in the country, I thought this was allowed as they're holding the "lease" as it where.

When you do get advise from shelter or the CAB, it would help if you stopped calling the Bulgarian's leaseholders. I understand you are trying to differentiate their agreement with the LL from yours with them, but it makes it more confusing. They are tenants too, and probably also have an AST. To call them leaseholders makes it sound like the own the flat.

As I understand it...

The Bulgarians have an AST with the Australian LL
The Bulgarians are subletting rooms within their rented flat (possibly without the LL's knowledge)
The B's have given you an AST, when you are renting a room within the flat they are renting.

As N79 says, your agreement is probably invalid, and as a lodger you have very little rights.

joshyblind

If we go on the fact that the bulgarians aren't exactly that clued up, can I have confirmation that if you have an AST you have to be given 2 months notice? (Regardless of any other factors)

Haushinka

Thanks for all your help - so basically, them handing us a tenancy agreement was just an invalid piece of assurance and there is absolutely nothing we can do within our rights?

I understand that "leaseholders" may of confused the matter - but in terms of the way I was thinking.

If 3 seperate couples found a place that we wished to rent with e.g 3 rooms, which we rented from a landlord, then we're down to hold that lease for e.g a year.

A couple moves out and I have a vacant room, I cannot afford to pay for two rooms rent, nor can the couple who have vacated, so I get another "tenant/lodger" to help me pay the rent in its entirety.

Months later, the former tenants (couple) who rented a room (and who're also on the lease) decide they want to come back to live in the house - I then have the right to tell said person to move out? Even that to me sounds a little unfair...

Hopefully that makes sense...

Premier_2

Haushinka wrote: »

1. The two "persons" named or known as the LL are the Bulgarian couple.
2. The Bulgarian couple signed the TA as the LL on page 1.
3. We pay rent to, or did, to the Bulgarian couple, and at the moment, they other girl who is living in their previous room....

I had a feeling you were going to confirm that.

Unfortunately, the agreement you have is not a genuine ASTA. An ASTA is not the correct letting document where the effective LL (the person letting the property and to which you pay the rent) lives in the same dwelling. For the purposes of your rental agreement, the Bulgarian couple are your LL, irrespective of the fact they rent the property from someone else.
You are just a paying lodger and as such have very little rights.

Whether the Bulgarian couple are allowed to actually take in paying lodgers under their own rental agreement is another matter, I suspect not, but that really doesn't matter here.

N79

joshyblind wrote: »

If we go on the fact that the bulgarians aren't exactly that clued up, can I have confirmation that if you have an AST you have to be given 2 months notice? (Regardless of any other factors)

That would depend on what is written in the contract.

As a minimum by law LL must give at least notice at least two months before the end of the fixed period of an AST to terminate the AST at the end of the fixed period. Notice can be served any time during the fixed period up to two month before the end. Minimum fixed period by law is 6 months.

Otherwise outside the fixed period LL must give at least two months notice which ends at the end of a rent period.

However, you do not have a valid AST as you were living with your LLs. ASTs can only be used when Ts have sole possession of the property.

Premier_2

joshyblind wrote: »

If we go on the fact that the bulgarians aren't exactly that clued up, can I have confirmation that if you have an AST you have to be given 2 months notice? (Regardless of any other factors)

If you have an assured shorthold tenancy agreement, you are allowed at least 2 months notice (at least under section 21, the typical notice given as no reason for eviction is required). This notice must end on the last day of your rental period, typically the day of or the day before the rent is due.

As a tenant, you are required to give at least 1 months notice ending on the same basis.

The only exception is where there is a fixed term (usually 6 months) where neither can normally end the tenancy before such period. As a tenant, you can legally elect to just leave without any notice on that date, but courtesy dictates you should give notice. The LL must always give notice, but be aware some give that notice immediately you have signed the TA (or as soon as the deposit is protected under latest legislation).

However, in your current circumstances, I do not think you have a valid ASTA.