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multipropertyguy
28-03-2008, 17:12 PM
Fixed Term Assured Tenancy is issued for 6 month period.

Deposit taken but as its not an AST no TDS required.

After 6 months what happens to the tenancy? Is it automatically turned (as if by magic) into a contractual periodic tenancy for the same period as before fixed again for 6 months until either LL gives two months notice to T that at the end of the fixed term date they must leave, or T gives one months notice to end the contract on the fixed term end date?

Whats difference between Fixed Term Assured Tenancy and a Contractual Periodic Tenancy?

:confused:

Phew!

Bel
29-03-2008, 13:59 PM
Fixed Term Assured Tenancy is issued for 6 month period.

Deposit taken but as its not an AST no TDS required.

After 6 months what happens to the tenancy? Is it automatically turned (as if by magic) into a contractual periodic tenancy for the same period as before fixed again for 6 months until either LL gives two months notice to T that at the end of the fixed term date they must leave, or T gives one months notice to end the contract on the fixed term end date?

Whats difference between Fixed Term Assured Tenancy and a Contractual Periodic Tenancy?

:confused:

Phew!

After the fixed term of an Assured tenancy (without the Shorthold), it becomes a periodic tenancy rolling on from month to month ad nauseum. LL can onle get possession if a suitable ground can be proved. This would be for a serious breach or rent arrears. If you have a 'good' tenant , they will effectively have security of tenure, as you cannot use s21 notice.

Tenant can give notice to quit after fixed term is ended, but LL cant.

If notice is given before tenancy has started, it is possible to repossess on other grounds.

multipropertyguy
29-03-2008, 19:21 PM
That sounds ok as the property is let on room by room basis and I've never had a tenant stay for longer than a year. I always re-issues fixed term contracts to guarantee myself tenants for that term.

Anyone else have any advice before I go down this route?

Thanks in advance,

multipropertyguy
29-03-2008, 20:59 PM
How about a Bare Contractual Tenancy?

Bel
29-03-2008, 23:35 PM
Haven't a clue; but any individual (not a company) paying rent of less than £25,000 per annum and not living with the landlord, it has to be a 1988 housing act tenancy ie Assured Shorthold or Assured tenancy. Its the law.

multipropertyguy
30-03-2008, 11:20 AM
Thanks Bel,

If the overal rent on the house is 25k+ but I still issue an assured shorthold tenancy to the tenants would be ok?

multipropertyguy
30-03-2008, 11:53 AM
What is this type? Is it legal to serve? It states non-resident landlord, not living at the property.

http://www.durhamrooms.com/agreement.pdf

jeffrey
30-03-2008, 19:50 PM
After the fixed term of an Assured tenancy (without the Shorthold), it becomes a periodic tenancy rolling on from month to month ad nauseum. LL can onle get possession if a suitable ground can be proved. This would be for a serious breach or rent arrears. If you have a 'good' tenant , they will effectively have security of tenure, as you cannot use s21 notice.

Tenant can give notice to quit after fixed term is ended, but LL cant.

If notice is given before tenancy has started, it is possible to repossess on other grounds.
Presumably it's an SAT by act of the parties. If L served a g1 Notice before it started, this would have same benefits (for L) as a s.21 Notice.

multipropertyguy
30-03-2008, 19:55 PM
Grounds 1, isn't that where the live out landlord used to live at the property and could require it back? What if you never lived at the property?

jeffrey
30-03-2008, 19:57 PM
Grounds 1, isn't that where the live out landlord used to live at the property and could require it back? What if you never lived at the property?
Then it won't apply. Do any other s.8 grounds apply, perhaps?

Bel
30-03-2008, 22:30 PM
What is this type? Is it legal to serve? It states non-resident landlord, not living at the property.

http://www.durhamrooms.com/agreement.pdf

Its dodgy to have a licence agreement if the owner landlord does not properly live at the property as his permanent home. If the LL doesnt live there, it will be a tenancy even if the agreement says licence. You would be kidding your self to use it.