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Katydid83
25-02-2008, 15:02 PM
Hi

I was just wondering how to draw up a Non-Housing Act agreement. We have a large property that when the rent is highered this year will be over £25,000 per annum and they and us will no longer be covered by the Housing Act. Can anyone point me in the direction of seeing an example of a Non-Housing Act Agreement? Thanks in advance.

jeffrey
25-02-2008, 15:10 PM
You can use an AST form if you strike-out (or, better, remove textually) all references to AST, Housing Act 1988, and deposit protection.
The structure of a non-Act Agreement is otherwise largely the same.

Katydid83
25-02-2008, 15:46 PM
Thanks for your quick reply. Instead of serving the Section 21, how is the tenancy ended? (sorry, new to the Non-Housing agreements) Am i right to think that if they have a fixed-period agreement of say a year, the agreement ends after the year is up, but if it was a periodic tenancy then they would need to be served with a notice to quit by the Landlord?

thanks!

jeffrey
25-02-2008, 16:05 PM
It ends when the term ends. T has no right to any continuation tenancy, a right conferred only on 1988 Act cases, so- when the term ends- T has to leave (without L having to serve any Notice) unless:
a. L grants to T a new fixed-term tenancy, to follow the old one; or
b. T creates (expressly or impliedly) a periodic tenancy evidenced by T's payment (and L's acceptance) of rent monthly or whatever.

Thyrsis
15-04-2010, 12:30 PM
You can use an AST form if you strike-out (or, better, remove textually) all references to AST, Housing Act 1988, and deposit protection.
The structure of a non-Act Agreement is otherwise largely the same.

Sorry to refer to such an old post but it came up on a search!

Our agent mistakenly used an AST agreement(deposit insurance scheme) although the rent is over £25,000. Is the agreement valid?

thanks

Lawcruncher
15-04-2010, 12:56 PM
Sorry to refer to such an old post but it came up on a search!

Our agent mistakenly used an AST agreement(deposit insurance scheme) although the rent is over £25,000. Is the agreement valid?

thanks

Yes.

Although a form of agreement used to create what the parties intend to be an AST may conveniently be referred to as an "AST agreement", there is really no such thing as an AST agreement since whether or not a tenancy is an AST depends entirely on whether the statutory conditions are met and not what the agreement says*. So if the agreement says: This agreement creates an AST it will not do so if it cannot otherwise be an AST.

*For the record if the agreement says that the tenancy is not an AST it will not be, but it will be an "ordinary" assured tenancy if and while the statutory conditions apply.