Resident landlord let to me with 6-month break clause

[Windjammer]

Hello,

I am sharing a flat with the landlady- i.e renting a room from her. We signed a Tenancy Agreement (for a furnished house or flat on an Assured Shorthold Tenancy) 6 months ago for a term of 12 months. I had asked for a breakable clause of 6 months (as I always do) but the landlady said we'd deal with it as time comes along. Like an idiot, I trusted her, and it was never written down in our contract.

Am now 6 months in the tenancy and have bought a flat. I have also given my landlady 2 months notice and as per the contract I have to find a suitable tenant to replace me. Well, I still haven't found anyone (the rent seems to be excessive compared to the market - and my room has been advertised for a good part of 6 weeks), and I am worried now that I will have to pay for my mortgage and a rent on top!

What are my options, if any? I have just read somewhere that you can't sign an AST if the landlord/lady resides at the same property. Does that mean the agreement is null and void?

Any advice would be greatly appreciated.

[Paul_f]

If you live in the same house as the landlady you're a lodger and not a tenant.
Any "AST" is therefore void as you say.
Unfortunately you have no tenancy rights of occupation and can be evicted without notice!
Fortunately you don't have to take any notice of the "2 month's Notice" in your "contract" and you don't have to find somebody to replace you.
You can move tomorrow if you want to and your "landlady" can't stop you.
If you have paid her a deposit then ask for it back - if she refuses issue a summons through the small claims court.
One day people will get it right! It might be a wake up call to her and suggest she reads up on this a little [or should that be a lot?]
Something to her advantage is that as you are a lodger she is entitled to earn a certain about under the rent-a-room scheme that had been available for some time without having any income tax liability; it must be near to £90 a week now. If she maintains you're a "tenant" then it's taxable income.

:rolleyes:

[Windjammer]

Thank you Paul.

Anything "official" which I could use in case my landlady starts causing problems?

[Paul_f]

The law of tenancy status is within the Housing Acts 1988 & 1996 & Landlord & Tenants Acts 1985 & 1987.

You're not a tenant so do not come within any of the above.