Landlord witholding most of deposit for final month rent that was never placed in protection scheme

[Deleted User]

I suspect neither the LL nor the girlfriend knew in the slightest what the difference is between an AST and a lodger agreement when they signed a piece of paper agreeing the terms under which the girlfriend would rent a room in the LL's home.

km1500

I also suspect that but nevertheless that is what they agreed to -  an assured shorthold tenancy. 

I think olinda explained the situation quite well in one of the posts above. not that as matters of course I expect it has all been resolved now!

_Penny_Dreadful

km1500 said:

I also suspect that but nevertheless that is what they agreed to -  an assured shorthold tenancy. 

I think olinda explained the situation quite well in one of the posts above. not that as matters of course I expect it has all been resolved now!

They can’t have agreed to an AST. Schedule I of the Housing Act 1988 tells us that. It’s the circumstances that determines the type of licence or tenancy rather than what is written on a piece of paper. Much like a landlord cannot claim someone is an excluded occupier by what is written on a contract when all the hallmarks of an AST, according to the legislation, are met. A contract cannot override statutory law.