Question

Ending a Tenancy (England) | England | Landlord Wants Tenant to Leave (England)

2 ASTs one property

17 Dec 2020 | 2 comments

there is a situation where a landlord gave 2 ASTs for the same property with 2 tenants. Overall rent is 650 with one paying 450 and the other 200, how would possession work against one of them as it was my understanding that for it to an ast that there needs to be exclusive possession

 

there is no distinction made on either AST for which part of the property they occupy exclusively, sushi as room 1 ¬†or 2 etc…

Answer

2 Comments

  1. guildy

    From what’s described, we believe there are two tenancies for their respective individual rooms in the house. Although the tenancy doesn’t specify each room (which isn’t ideal), it can’t be any other. The separate rents make this especially the case in our view.

    Therefore each one is just treated individually for the purpose of possession and notices etc.

  2. eden2011

    Might it be prudent to sever a s48 with room 1 and room 2 etc?

    Just a quick one on s48, can the landlord use an address in England even if they live abroad, does a s48 mean that the LL actually has to live at the address of theirs on a s48?

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