Can a section 8 notice be used if no AST?

[Otto]

Hello all,

I'm a new member with (I hope) a quick question.

If property is rented to a tenant with a licence (ie not on an AST basis) and the rent is 2 months in arrears, can possession be sought under section 8?

Otto

[Lawcruncher]

If it really is a licence then section 8 does not apply.

(Note: If it is a licence there can be no "rent" and no "tenant".)

[jeffrey]

See post #8 on my thread http://www.landlordzone.co.uk/forums...ord#post223822, re Street v. Mountford.

[Otto]

Property is 5 bedrooms with kitchen and bathrooms etc.

In exchange for rent individuals (licensees?) get exclusive occupation of their room plus shared use of the communal rooms.

Occupiers all arrived at different times, signed different documents, pay different rent and are not joint and severally liable.

Also the agreement reserves the right to enter for cleaning etc, and weekly cleaning service is provided.

Occupiers do not have the right to joint/shared occupation/possession of the whole property - they have exclusive occupation of their own room plus shared use of communal rooms.

Is that not a licence?

[Paul_f]

It's likely they could each claim to be an AST tenant as they each have exclusive possession of one room with other shared facilities.

[jeffrey]

Originally Posted by Paul_f

It's likely they could each claim to be an AST tenant as they each have exclusive possession of one room with other shared facilities.

Unless L lets to each one only an unidentified room and reserves the unfettered right to re-allocate rooms.