Tenancy Type and Sub Let Live in Landlord tenancy type problems

[stevens_terry1987]

I am renting a property on an AST and have landlord permission to sub let.

I sub let 3 rooms, and live in the fourth.

All tenants were made aware of this and signed an AST.

I am having issues with one tenant, who after being told to clear his mess up is telling me that he will not pay the full rent as I paid less for it last year (last year i lived in the same room as a joint tenant). He knows this as he knows me personally.

I am unsure if the AST i signed with them stands as an AST or they are infact excluded occupier or lodger?

Also at the time i read something saying that if i live in with them, i dont have to protect their deposit, and never did, highlighting this in their contract.

Now i read about section 21 and not being able to evict if needed.

Also possibiliy of penalties?

Advice please guys! Even though my tenants signed a contract stating AST is it an AST in eyes of court?

Terry

[Mortitia]

Is the rent on these sublets payable monthly or weekly? You may have created an HMO (house of multiple occupation - have you got a licence for such a property from your local authority?

If you have not protected the deposit any Section 21 notice will be invalid and a signed AST sounds like an AST not a lodger agreement/

Seems like you want it all ways!

[Grampa]

If you are named as the landlord and you live in the property and share the facilities then they are lodgers and the deposit doesn't need to be protected.

SECTION 21 wont apply as only used for AST'S.

If you used a AST it doesn't make the tenancy a AST but certain elements of the contract could apply such as notice periods, terms etc.

[stevens_terry1987]

I did want this, I took the opportunity to manage this property as I lived here the year before and didnt want to give it up.

My landlord benefits as he lives in manchester and the property is in London - he trusts me and I look after the place, whereas he escapes estate agent fees and hassle (like this ) with tenants.

I was looking for the section of the housing act 1988 which states that an agreement is not an AST if the landlord lives with you and you share areas. However I am struggling, and unsure on where to go next.

Rent is due on the 15th and I will be happy to serve 'reasonable notice' for a month and have rid of him. However if my tenancy is an AST then this will cause problems and I wont get a court order as I did not protect the deposit.

It is not an HMO as there are 4 bedrooms and 4 people living here as well as communal lounge and bathroom which we all share.

I also believe that although I used an AST it does not make it one - I made a mistake in the contract type I used. If i write £10000 on a peice of paper, it doesnt mean its £10000 right?

Anyone point me to some reliable, government backed information which highlights I have actually used a wrong contract, and my living situation- and the people living with me are classed as 'Excluded Occupiers'??

[stevens_terry1987]

Another thing is that the tenant does have exclusive use of his room stated in the tenancy agreement and at time in the agreement is referred to as a sub-tenant.

Ahh confusing!

[Grampa]

Are you listed as landlord on the contract signed?

3 unrelated people living in a property means it is a HMO but maybe not a licensable one.

If you treat him as a lodger kick him out after a month (after giving notice) he we either go and you hear no more or he will try and take it further and put a claim against you which you will defend stating it was not a ast and give reasons etc.

You could phone up Shelter and pretend to be a tenant and give details of the tenancy. They will advise what they think and give you a good guideline.