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Unfair notice to quit from live-in landlord

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728 views 3 replies latest reply: 25 March 2014
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Tenant

A tenant asks:

I wonder if the group can help out with this please?

My friends are currently in a house-share accommodation with a six month contract that they took out in November.
They paid a months deposit plus a months rent.
The landlady is a live-in landlady.

The landlady has now sent them a letter stating she is giving them one months notice to quit as she wants to have the house solely for her and her husband.

Can she do this under a six month contract and if so, is she responsible for seeking out a suitable property for them?

They are up to date with their rent and have been model tenants.

I would appreciate any help the group can give with this, as they are very young, expecting a baby and not sure where they stand.

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Tenant

If the AST (assured shorthold tennancy) has a fixed period of 6 months, then the landlady can only give notice if there is a clause in the tenancy agreement allowing her to do so. Otherwise, she cannot change the conditions of the agreement, raise the rent or give notice until the fixed period has ended and it becomes a periodic tenancy. If the fixed period ends in April, then usually tenants would be given notice of 2 months if they pay rent monthly. Hope this helps and we wish your friends all the best.

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Other

But maybe it isn’t an “Assured” tenancy at all if there is a resident landlady? possibly excluded by para 10 of schedule 1 of the Housing Act 1988? If it is excluded from being an Assured tenancy, it is not what the type of tenancy that it says on the top. Normally resident landladies/landlords can give just “reasonable notice” which a month possibly is?
Best to check the terms of the agreement – may be provision for ending within the 6 month period – and if not maybe an argument that even if it is not an assured shorthold tenancy, the landlady is not entitled to end the tenancy before the 6 months runs out?

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Other

Its not an ast, as Landlord lives on site they can rely upon resident Landlord exemption. Section 10, sch 1, Housing act 88. They only need to give a rental periods notice then can change locks, dont need a court order.

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