View Full Version : Letting on AST form; but low rent (< £1000 in London)
johnboy
13-06-2009, 07:52 AM
I have a question for you legal buffs.
If a landlord set up a tenancy using a ast agreement for a friend in greater London and the rent was under 1k pa it wouldnt be a Assured or an Sholdhold hold Assured tenancy because the rent is under 1k pa. If the landlord then served a s13 notice to bring the rent to more than 1k pa would it automaticlly become a ast?
Or if a landlord had used a ast agreement and the rent was over 25k pa but then wrote to the tenant reducing the rent to bring it under the limit would he then be able to use a s21?
Just one of the odd thoughts that bounce round my head when laying in bed.
mind the gap
13-06-2009, 09:49 AM
I have a question for you legal buffs.
If a landlord set up a tenancy using a ast agreement for a friend in greater London and the rent was under 1k pa it wouldnt be a Assured or an Sholdhold hold Assured tenancy because the rent is under 1k pa. If the landlord then served a s13 notice to bring the rent to more than 1k pa would it automaticlly become a ast?
Or if a landlord had used a ast agreement and the rent was over 25k pa but then wrote to the tenant reducing the rent to bring it under the limit would he then be able to use a s21?
Just one of the odd thoughts that bounce round my head when laying in bed.
johnboy...you need to get out more on a Friday night!
(That isn't an offer by the way, just a friendly observation :))
Lawcruncher
13-06-2009, 10:07 AM
If a landlord set up a tenancy using a ast agreement for a friend in greater London and the rent was under 1k pa it wouldnt be a Assured or an Sholdhold hold Assured tenancy because the rent is under 1k pa. If the landlord then served a s13 notice to bring the rent to more than 1k pa would it automaticlly become a ast?
S13 notices only apply to assured periodic tenancies. Accordingly if such a notice is given in respect of a tenancy which is not an assured periodic tenancy it is of no effect. However, as soon as the rent is increased to exceed £1000 pa then, if all the other conditions are fulfilled, the tenancy will become an assured tenancy.
Or if a landlord had used a ast agreement and the rent was over 25k pa but then wrote to the tenant reducing the rent to bring it under the limit would he then be able to use a s21?
Technically it is not possible to reduce the rent by notice, but only by agreement. Once a reduction is agreed and the rent goes below the limit the tenancy will, if all the other conditions are fulfilled, become an assured tenancy.
There is though no need to "convert" a periodic tenancy below or above the relevant rent thresholds into an assured tenancy to bring it to an end. The statutory rules set out in the HA 1988 just do not apply.
johnboy
13-06-2009, 10:29 AM
johnboy...you need to get out more on a Friday night!
(That isn't an offer by the way, just a friendly observation :))
I think mixing red wine and few cans of wife beater does some odd things to the thought processes.
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