Subletting and TDS scheme [Archive]

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sandy10

03-09-2008, 14:16 PM

I have the lease of a 2 bedroom flat. Lately I have not been able to get on with my current flatmate and want to serve her notice. She is not on the lease but before she moved in I have conveyed in an email to her that her notice period is one month. We do not have a formal contract.

Can you please let me know that if I give her one months notice, then she has to move out? Also, when I get a replacement tenant do I have to put her deposit into a TDS scheme?

Thanks in advance for all your help and comments.

jeffrey

03-09-2008, 14:29 PM

You mention 'lease'. Do you mean a real lease or an AST? As you live there too:
a. are you and she both merely tenants under an AST; or
b. do you yourself own the leasehold interest but co-occupy with her?

sandy10

03-09-2008, 14:34 PM

Thanks Jefferey.

Its an AST that i have with the landlord which is now a rolling tenancy.

jeffrey

03-09-2008, 15:05 PM

Thanks Jefferey.

Its an AST that i have with the landlord which is now a rolling tenancy.
But did L grant the AST to:
a. you alone; or
b. you + flatmate?

sandy10

03-09-2008, 15:08 PM

Landlord granted it to me alone but he knows that she lives there too.

jeffrey

03-09-2008, 16:05 PM

Landlord granted it to me alone but he knows that she lives there too.
OK. You are an AST tenant. Flatmate is not. From her viewpoint, you are a resident landlord. She is therefore not capable of having an AST at all, even if you tried to grant one to her, and she is effectively a lodger with no statutory protection at all. So you can boot her out without serving any formal Notice.

SEB

03-09-2008, 17:43 PM

So you can boot her out without serving any formal Notice.

Tut tut, Jeffrey. Aren't you being a bit harsh?
I am sure there are a number of steps the tenant can employ before using the aforemetioned and last resort method.

sandy10

03-09-2008, 21:13 PM

Thanks Jefferey.

For the replacement tenant, do i have to put her deposit into a TDS scheme?

TenantsLuvMe

04-09-2008, 00:56 AM

Thanks Jefferey.

For the replacement tenant, do i have to put her deposit into a TDS scheme?

There is only a requirement to lodge tenants deposits if the person is a tenant and if they have an AST - neither of which apply in your case.

sandy10

04-09-2008, 08:23 AM

Thanks everyone for your help and comments.