Under an agreement someone can provide a room to a person as a licensor, but there is some confusion on whether the licensee can be evicted using the Section 21 Notice. The issue pertains to the license agreement. The answer is that in the case of the Section 21 Notice, the law pertains to short hold tenants, and not licenses. However, in this case the agreement between licensor and licensee is most likely a tenant and landlord situation in which case the law does apply. There are several legal stipulations required to use Section 21 to prove tenancy, and among them are a secured deposit, if the room is licensed, the month of occupation, and gas safety.
Key Takeaways:
- Under English law, a section 21 notice can be used to evict a tenant, but not under every circumstance.
- For example, if a deposit was exchanged it must be returned with proof that the landlord can show.
- One regulation requires that a gas safety certificate be issued to the tenant prior to occupancy. This lack could nullify the use of a section 21.
“In fact, landlords (and agents) need to be VERY careful about giving ‘sham licenses’ as you can be prosecuted for this.”
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