Renting and no contract yet advice please

Pixie5740

G_M wrote: »

Wrong.

When daughter moved out leaving the friend
a) in sole occupation and
b) paying rent
an Assured Shorthold Tenancy (AST) was created. The only reason for written contract is to include any special terms/conditions, and to avoid doubt/misunderstandings.

But an AST exists, documented or not.

Since there appears to havebeen no agreement about the length of the AST Fixed Term) either written or oral, it simply runs month by month, so is a Contractual Periodic AST.

To end it, a S21 Notice () (a ) must be served, running for 2 complee periods (ie 2 months, but ending on same date as the monthly period). See

[FONT=&quot]Example S21(1)(b) & S21(4)(a)[/FONT][FONT=&quot] Notices

[/FONT]Of course, if she agrees to move out earlier, this is fine too (mutual agreement). Confirm it in writing.

And see:

Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)
[FONT=&quot]A landlords gas safety certificate? Still in date (they last 1 years)?

See also

[/FONT]
[FONT=&quot][FONT=&quot]New Landlords[/FONT][FONT=&quot] (information for new or prospective landlords)[/FONT]
[/FONT]

Ok so it's a contractual periodic tenancy not a statutory periodic tenancy. Close but no cigar for me.

Out of genuine curiosity was the friend not always a tenant because the OP is the LL and the OP never lived in the property or was the friend just a lodger?

BitterAndTwisted

If the friend paid her rent to the OP she is a tenant. If she paid her rent to the daughter she was a lodger but became a tenant the moment the daughter moved out.