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View Full Version : Can a LL legally give an AST if combined rent is over £25K



X10
16-01-2009, 22:55 PM
Hello all,
I stumbled upon this site as my girlfriend and I are moving into our first rented accomodation and I have been trying to research all the terms, rights and conditions involved as a tenant and a landlord. There is clearly a lot of combined knowledge on this forum so thought I'd post my query's here.

Our LL wants to provide us (myself and my girlfriend) with an Assured Shorthold Tennancy Agreement.

Our contract will be to pay £650 pcm.

There will be 3 other rooms being rented with a minimum of £500pcm (higher if couples are accpeted).

1)
From what I've calculated this makes the total annual rent above £25,000. From my research this means that the AST cannot apply, it must be a Bare Contractual Tennancy Agreement - Is this correct?

2)
If so, if my girlfriend and I were to sign the AST, would it be invalid?

3)a
If that is true, should I mention this to the LL to get him to form a BCT instead ?
3)b
(I have read that BCT's are less friendly to Tennants than AST's - is that true?

I'd appreciate any input on these questions!

Many thanks,
X10

Some background on the place:
Our Landlord is also new to house rental and I guess learning as he goes.
The place is his old house and he has moved, he is unable to sell the house on the market and is now looking to rent the rooms. We will be it's first group of tennants.

mind the gap
16-01-2009, 22:58 PM
Is your Ll proposing that you sign a joint AST with the other tenants of the same property, or individual ones on a room by room basis?

X10
16-01-2009, 23:03 PM
Is your Ll proposing that you sign a joint AST with the other tenants of the same property, or individual ones on a room by room basis?

Individual ones on a room by room basis.
I suspect by your question it means that the BCT does not apply in that case(?)

X10

mind the gap
16-01-2009, 23:27 PM
Individual ones on a room by room basis.
I suspect by your question it means that the BCT does not apply in that case(?)

X10

Yes, you are being granted an AST by the sound of it. That's better in my view, because it means your deposit will be protected and you won't be 'jointly and severally responsible' for the debts of the other tenants whom you may not know very well; also, you don't have to fit in with the other tenants as to when you leave (once you have stayed for the fixed term).

You may still be jointly repsonsible for utility bills and/or any damage done in the communal areas e.g.shared kitchen/bathroom.

Read your AST agreement carefully before signing - it should make clear what you are responsible for. If it's written in incomprehensible English, ask for a plain English version.

X10
16-01-2009, 23:46 PM
Hi mind the gap,
Thank you for your responses, that's most helpful!
Like I said I am new to all this and so don't quite understand all the terminology and wording and I just want to make sure everything goes smoothly and we're not bitten in the long run (I've been reading some horrible stories from others). The LL seems really nice and very amenable, so I don't suspect any wrong-doing or hiding on his part, but I just want to make sure I know what I'm getting into.

I appreciate your super-fast answer to my question(s)!

No doubt I'll have more as time goes on.

Thanks again.

X10