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markshoe
11-05-2007, 09:59 AM
Can I write a 3 month tenancy . Using a assured shorthold agreement
I have a tenant who I have agreed to rent a room for in a hmo .
But since the verbal agreement . I have found this person to be quite rude . And therefore I am not sure if I ant them for 6 months. can give them a short let . They might turn out to be ok . I just need to know where I stand on a short let . Before i get her to sign an agreement Can anyone advise

P.Pilcher
11-05-2007, 10:03 AM
Well, you can give him a short let of 3 months or any period you like - BUT
You cannot evict him using section 21 until six months has elapsed from the date the AST took effect.

P.P.

jeffrey
11-05-2007, 10:08 AM
Well, you can give him a short let of 3 months or any period you like - BUT
You cannot evict him using section 21 until six months has elapsed from the date the AST took effect.

P.P.

I agree, but with one rider.

Have you (=markshoe) ever been the owner-occupier? If you have:
i. serve a ground 1 Notice BEFORE the tenancy starts; then
ii. grant an SAT for three months.

That way, you will have rights equal to what a s.21 Notice would have given.

markshoe
11-05-2007, 10:10 AM
p pilcher
Thanks for clearing that up for me
Regards Mark

markshoe
11-05-2007, 10:50 AM
Have you (=markshoe) ever been the owner-occupier? If you have:
i. serve a ground 1 Notice BEFORE the tenancy starts; then
ii. grant an SAT for three months.

That way, you will have rights equal to what a s.21 Notice would have given

Hello Jeffery
I used to be the owner occupier before it was a hmo . but I know have a 4 bed hmo .Rented out to 3 tenants . The new 4th tenant moves in today . I will not live with the tenants
So I can write them out a 3 month tenancy using assured shorthold agreement . But if they don't leave after 3 months . I have to wait to the 6 months is up before eviction can take place .

Or issue them a ground 1 notice before the tenancy starts with a 3 month agreement . - But not being owner occupier will this still stand
Regards Mark

jeffrey
11-05-2007, 10:57 AM
Have you (=markshoe) ever been the owner-occupier? If you have:
i. serve a ground 1 Notice BEFORE the tenancy starts; then
ii. grant an SAT for three months.

That way, you will have rights equal to what a s.21 Notice would have given

Hello Jeffery
I used to be the owner occupier before it was a hmo . but I know have a 4 bed hmo .Rented out to 3 tenants . The new 4th tenant moves in today . I will not live with the tenants
So I can write them out a 3 month tenancy using assured shorthold agreement . But if they don't leave after 3 months . I have to wait to the 6 months is up before eviction can take place .

Or issue them a ground 1 notice before the tenancy starts with a 3 month agreement . - But not being owner occupier will this still stand
Regards Mark

As a former owner-occupier, you can use g1 Notice. You don't have to be the o-o of the property immediately before the letting; just at some previous time.
Notice under g1 + SAT is better for you than the risk that, after three months, your AST tenant will refuse to go.

markshoe
11-05-2007, 16:38 PM
As a former owner-occupier, you can use g1 Notice. You don't have to be the o-o of the property immediately before the letting; just at some previous time.
Notice under g1 + SAT is better for you than the risk that, after three months, your AST tenant will refuse to go.

Hello Jeffrey
Thanks for the answer. I have had my brother call the< nfrl>landlords association - and they have told him that you have to be living in the property to be able to issue a notice to quit . For a 3 months tenancy
So I am not sure what is the correct advice . Are you sure that what you told me is right . Don't mean to be a pain . But I need to get this right

Thanks Again Mark

caroline7758
11-05-2007, 16:42 PM
If this person hasn't signed an agreement yat, and you have doubts about him/her, why take the risk? I'd look for another tenant if I were you.

johnboy
12-05-2007, 06:38 AM
As a back up still issue a s21 but to end on the six month mark.You have to give 2 months notice with a s21 anyway

jeffrey
13-05-2007, 12:14 PM
Hello Jeffrey
Thanks for the answer. I have had my brother call the< nfrl>landlords association - and they have told him that you have to be living in the property to be able to issue a notice to quit . For a 3 months tenancy
So I am not sure what is the correct advice . Are you sure that what you told me is right . Don't mean to be a pain . But I need to get this right

Thanks Again Mark

No- I am right and NFRL is wrong.

Read ground 1. It requires only that "...at some time before the beginning of the tenancy the landlord who is seeking possession [or at least one of joint landlords] occupied the dwellinghouse as his only or principal home..." or that, even if not so, L requires property now to own-occupy.

L does not to reside there just before the letting. Anyway, "Notice to Quit" is irrelevant; we are dealing with a g1 Notice served before an SAT letting.