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Landlord Legal Issues

Landlord and tenant lawyer, Tessa Shepperson of Landlordlaw answers your questions

Q. I rent out rooms in a HMO. That means that I can evict them without going to court and don't have to protect the deposit, right?

A. No! Although you are just renting out a room, this does not mean that it is not a proper tenancy. Unless you are renting out a room in your own home, it will almost always be an assured shorthold tenancy. 

This means that any deposit paid will be subject to the tenancy deposit rules and will need to be protected in a scheme. It also means that you cannot evict without a court order for possession and then (if they don't go) a bailiffs appointment.

It is possible sometimes for lets of a room to be licenses rather than tenancies but not nearly as often as people think. Generally this will just be when services, such as cleaning, where the cleaners regularly enter the room (not just the common parts). However even then, the landlord cannot just evict without going to court. The Protection from Eviction Act 1977 will apply, which provides for notice of at least 28 days to be given and for the landlord to get a court order for possession.

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