does alock on your room door matter?

Dear Rights Net

A private sector landlord issued a licence for a lady to live in a shared house or flat where the landlord was not resident.  She rents her own room and shares a kitchen, bathroom and living room with others.

The license mentions the landlords address and a fixed term of six months which ended several years ago.  A deposit was taken and as it was not an AST need not be secured in a scheme.  My client, the occupier was given a key to the street door and a key to her room.  The landlord does not provide any services which require access to the client’s room and has intermittently provided cleaning services in the communal areas of kitchen, bathroom and living room.

Clause 8 of the license agreement says “The sharer shall not have exclusive possessions of any part of the Property and the identity of the other occupiers of the Property shall be in the absolute discretion of the Owner.”

My client is not an excluded occupier as the landlord is not resident.  She appears to be an Occupier with basic protection as although the landlord is not resident, the occupier does not have exclusive possession, because of clause 8.

However, I think the facts are more pertinent than clause 8.  I am of the opinion that she might be an AST because she was issued with a key to her room which grants/gives exclusive possession.  If so, then if not Excluded and not with Basic, that only leaves an AST.

Any thoughts welcomed

Stephen Constantinou
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