Legality of "Residential House / Flat share agreement (Non resident landlord) England & Wales
Tenancy Types and Management

Mr Millet
Mr Millet
28 Thanks
133 Posts
12 years ago
Hi, I have several queries regarding my business and the way I have been managing it. The majority of my prospective tenants do not wish to enter into an agreement in which they are bound to stay for 6 months, also, I would prefer to have the ability to ask them to leave sooner if they are problematic, particularly as I rent by the room and not whole property and they may cause my other good tenants to leave. As a result I use a Residential House / Flat share agreement (Non resident landlord) (England and Wales).

I've been informed by the city council that the contract I am using is invalid and that it automatically becomes a AST as a result, (even though the first line in the text of the contract states "There is no intention on behalf of the landlord or the tenant to create an Assured Shorthold Tenancy".

Firstly, is this true and if so, is it acceptable to use this contract instead of issuing new contracts on the assumption it becomes an AST anyway and provided I issue notices etc as an AST?

Secondly, I have been charging "advance rent" instead of taking a deposit. Recently a tenant left and claims I owe him the advance rent he paid, even though the bills he has not paid (and agreed to pay in the House /flat share agreement above) amount to more than double the advance rent he paid. The council tell me that this will be treated as a deposit and I should have put this into the deposit protection scheme (DPS). Do I have to repay this and then take him to court to retreive the additional sums, is it possible to put the sum I owe him in the DPS after he has left and ask them to adjudicate on whether it must be repaid, or is a visit to the courts the best solution?

Please Login

You must be logged in to participate in our forums, to continue please login below.

Not a member? From only £85 you can join in the discussion and get access to member's only resources and services.

As the home for landlords, the NRLA are here to help you save time, save money, and stay compliant. NRLA membership gives you access to a vast range of expertise, resources, and exclusive member benefits and savings, designed to help and empower members. We also play a pivotal role in campaigning and championing the interests of landlords.