View Full Version : short term lets - how do you do them?
07-09-2006, 09:50 AM
I have a flat that is temporarily sitting empty while I get find time to do it up. It has a bit of damp (nothing major) so that's why I wasn't planning on letting it just yet, it needs damp course treatment and decorating. A neighbour has contacted me to ask if she can live in it for a couple of weeks as she is moving house and to cut a long story short will be homeless for 2 weeks.
Gas and elecs have been tested and are safe so I am fine with her living there if she doesn't mind that it's a bit grotty but how do I do a tenancy agreement for such a short time? I assume that my usual shorthold tenancy agreement won't be any good. (Or will it? Can I just amend it?)
If I have to get a solicitor to do me a new tenancy agreement then it will hardly make the bit of rent worth it although maybe she would pay for the solicitor as she seemed a bit desperate.
07-09-2006, 17:03 PM
Gas and elecs have been tested and are safe so I am fine with her living there if she doesn't mind that it's a bit grotty but how do I do a tenancy agreement for such a short time? I assume that my usual shorthold tenancy agreement won't be any good. (Or will it? Can I just amend it?)As I understand it it would be OK, but if she decided she wanted to stay longer you wouldn't be able to start eviction proceedings until 6 months were up. I don't know if there's a way round that.
I'm interested in this myself, from a different perspective - I may be going away for a spell next year (~6 weeks?) and may want to get a house-sitter of some sort: how do you safeguard yourself against your house-sitter becoming a squatter?!
07-09-2006, 17:06 PM
You could put them on a AST and negotiate SEPERATELY a break clause perhaps? But there is no problem with them being on an AST, and as long as you trust them to move out it should be fine.
07-09-2006, 21:24 PM
Why does everyone think you must do an AST? You can do a weekly tenancy at common law for 2 weeks, but you must serve a S.20 Notice beforehand informing the tenant they are NOT taking an AST, and give them a rent book! Neither you nor the tenant needs to serve any Notice to Quit as the tenancy automatically ends when it runs out by "effluxion of time".
You only need to serve a NTQ if the tenant fails to move out after the end of the fixed term, which you then can't effect for 28 days, i.e. take court action for possession.
You can use an AST as a template but should remove all references to the Housing Acts. You should also remove any reference to say how the tenancy will end, as it is nto required.
Can you help please?
I am looking into doing a tenancy at Common Law to find out exactly what is involved. This is for a Company Let. I have done searches on this site, plus RLA and the web generally. I have also consulted the textbooks on Landlord Law that I have. However, there seems to be a dearth of information on this kind of let. I have got a copy of a Company Let agreement from RLA and also one from Oyez. The RLA form allows for an end date to be inserted but the Oyez form has a start date only. Can you tell me whether I should have an end date? I have also done searches for a section 20 notice. I can't find one on this site (also the search facility ignores the '20' bit and just does a search on 'section' - you can imagine how many hits that brings up - all relating to S21 and S8......Oyez don't have one, RLA don't have one, can't find one on the web.....do you have a valid one that you could e-mail me? I assume the S20 gets served on the Company and not the individual staying at the property.
I realise I may well have to use a solicitor to make sure I don't screw this contract up, but would like to be reasonably well informed myself before I go down that route.
Maybe the Editor could look at having an area on this site that covers FAQs for this type of tenancy - the contract, the S20, the Notice to Quit etc
Thanks in advance Paul....forever in your debt.....:D
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