View Full Version : AST v contract
07-03-2006, 21:04 PM
If a tenant is paying more than £25,000 per year for a private rented property what type of rental agreement should be used or does it really matter legally?
07-03-2006, 21:59 PM
The difference is about the same as an elephant and a porcupine!
Any tenancy agreement that commands a rent in excess of £25,000 per annum cannot be an Assured Shorthold Tenancy, and as such is taken out of the jursidiction of the Housing Act 1988.
What you will have is a tenancy at common law, this means that what you put in the tenancy agreement is enforceable, and is NOT subject to unfair contract terms or the like. WYSIWYG! If you are the tenant then don't sign anything until you take it to somebody who has a great deal of exprerience in these matters. If you're the landlord then have a good legal expert draw one up to your specification as it will matter enormously as the wording has to be spot on.
Termination fo the tenancy is by effluxion of time so nobody has to serve any notices, but if the tenant fails to leave at the end of the term then you must issue a Notice to Quit. How you end the tenancy if you want to let it go periodic (which should be stated) is up to the landlord to put it in the tenancy agreement
You can see what I mean when I say there isn't space or time on this forum to go into too much detail as it's potentially infinite.
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