Rights of excluded tenants

Kynthia

You're getting defensive over aspersions that no-one is casting and getting angry at the preciseness of the posters when they are correct to be so precise.

It doesn't make any difference whether you own the property. However by using the words tenant and sublet you have made us doubt whether you actually live in the property and wish to clarify this, as it is vital that you live there otherwise your lodgers are tenants with the rights that go with that. You use the word 'excluded tenant' when you mean lodgers/excluded occupiers. You also say you sublet, but subletting grants 'exclusive possession' of a space which is a tenancy. If you live at the property and have a lodger then they have a license to occupy and not 'exclusive possession'. These things are important because they change the legal situation and what you can do.

Legally, as far as I know, there is no law on what notice is required for lodgers. Therefore contract law will come into play as you both signed a contract. However a court would need to enforce the contract so if you don't refund the lodger they would need to take you to small claims court. As you have a signed contract agreeing to one month's notice it seems like you would be in a good position.

vuvuzela

someanonbloke wrote: »

"If you do not live in the property or at any time occupants were there you did not reside there then they have an AST regardless of whatever paperwork you've cooked up." Well, I do live in the property and so your point is irrelevant.

I live in England.

I love the way that the tone of most (not all) the posts is that I'm somehow wrong by default. There's no acknowledgement that this is the place I live and that I don't have other housing options. Yes, there is a theoretical house/property/mansion somewhere else but it's not mine...I don't own it and can't afford it. This is my living situation. The owner won't allow me to sort out an individual rent for one of the rooms and so I have to sublet.

To all you 1000+ posters, rather than casting aspersions on people asking for help and providing 'after the fact' solutions, go tend the garden or volunteer at the charity shop, and leave the forums to people who actually want to help.

I'd advise that if you want to ignore the very reasonable help you've been offered, then fair do, go ahead and cut your nose off to spite your face. However, if you remove your head from wherever it's currently stuck, *lose the attitude* and re-read the posts above, you'll hopefully see that people were trying to help you. Just because you are getting answers that you might not agree with, does not make them invalid.