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View Full Version : AST for 5 month- right to stay 6 month?



Sam4u
13-11-2007, 12:43 PM
We sold our house, the buyer ask us to move out, we did, he pulled out....ok..we know it was stupid...

A letting agent told us he has tenants who like to rent our house for 3 months. (waiting for their house being ready)
It was fine with us, because we decide anyway to move back after our 6 months tenancy is over.
Now we get the copy of the AST and there is mentions a rental term over 5 months, signed by the tenants and LA

Can he still stay for 6 months or is the contract binding (5 months)?

Sam

jeffrey
13-11-2007, 12:59 PM
We sold our house, the buyer ask us to move out, we did, he pulled out....ok..we know it was stupid...

A letting agent told us he has tenants who like to rent our house for 3 months. (waiting for their house being ready)
It was fine with us, because we decide anyway to move back after our 6 months tenancy is over.
Now we get the copy of the AST and there is mentions a rental term over 5 months, signed by the tenants and LA

Can he still stay for 6 months or is the contract binding (5 months)?

Sam
The AST term of five months is fine. It's just that you as L cannot obtain (under the s.21 procedure) a possession order taking effect within SIX months of tenancy commencement- see s.21(5).

Sam4u
13-11-2007, 13:26 PM
Sorry, can you explain what exactly its means in plain English?
I am not blond, but german and my British husband is just not available.
So really I have no idea what this means for us.
If they move out after 5 months, can we immediatly move in?
Thanks for your patience
Sam

Surrey
13-11-2007, 14:02 PM
Sorry, can you explain what exactly its means in plain English?
I am not blond, but german and my British husband is just not available.
So really I have no idea what this means for us.
If they move out after 5 months, can we immediatly move in?
Thanks for your patience
Sam

If they move out after 5 months, can we immediatly move in?

Yes, absolutely.

The problem only occurs if they DON'T move out after 5 months. If they don't, then you might have a delay before you can start eviction proceedings.

If they decide to take it for 5 months and then agree with you that they will move after 3, then that's fine too.

It is also an idea (thanks Jeffrey!) that you issue a SAT rather than an AST, as long as you make it plain that the property is your main home and you will be moving back in. There is a specific notice you need to give them BEFORE the tenancy begins, but if you look for SAT in this area of the forum you should be able to find the thread.

Sam4u
13-11-2007, 16:18 PM
...that is what we like to hear...
For a SAT its to late, because they moved already in and the Letting Agent
did everything wrong, what could go wrong, but this is another Story.
Thanks a lot
Sam