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Oct, 2014

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  1. #1

    Default Help!Will get the key next month but previous owner what to stay for another 3 month

    This is my first post on this forum so please be gentle.

    As per the title. This is my first rental property. Will get the key next month. But the agency just called and say that the owner has got their property sorted but can only move in mid Feb. So they asked if they can stay in the property as my first tenent. I said that's fine but I want a tenency agreement signed and do it properly. The agency said that's fine and said I can speak to them directly when I meet them next week - originally arranged to do some measurements.

    So my question is- what I should be aware of and if this is any different from the normal short tenency agreement? It will be only for 3 month. And I will ask for 1 month rent worth deposit, and will ask whether they have earnings to cover the rent - maybe ask for the most recent bank statement as proof. But do you think I should go as far as to do any credit checking?

    I will meet them next Tuesday. So any suggestions would be really appreciated

    The property is in Scotland if this makes any difference

    Thanks

  2. #2
    Join Date
    Jan 2010
    Location
    Central south coast
    Posts
    2,889

    Default

    You need to post this in the Scottish part of the forum

  3. #3
    Join Date
    Jun 2011
    Location
    Stevenage
    Posts
    1,453

    Default

    Quote Originally Posted by Interlaken View Post
    You need to post this in the Scottish part of the forum
    Rather than advise people to create a second identical thread that may later be difficult to merge, please use the 'report post' function.
    I also post as Mars_Mug when not moderating

  4. #4
    Join Date
    Sep 2012
    Location
    Tranent, East Lothian
    Posts
    161

    Default

    You cannot have a Short Assured Tenancy for any less than 6 Months.

    It is up to you, whether you insist that they sign a 6 Month SAT, and insist that if they wish to move out of the property early that they fulfill their contractual obligations until the property is re-tenanted, or you come to a mutual agreement to end the tenancy after 3 months.???

    You could offer them an occupancy agreement for 3 months.

    Either way you shoudl carry out all of the checks and put in place all of the legal documentation as you would with any other tenant.

    Are you aware of all of the requirements that you must ensure are adhered to before you let a property?

    Landlord Registration
    Energy Performance Certificate (should be in the home report if you have just bought the property)
    Permission from any Lender to Let
    Register for Self Assessment Tax Returns with the HMRC
    Landlords Insuarnce Product including Public Liability Cover
    Tenancy Deposit Protection
    Gas Safety Certificate
    Electrical Checks
    Hard-Wired Smoke Detectors
    Repairing Standard Report
    Information to be given to tenants on Repairing Standard & PRHP

  5. #5
    Join Date
    Mar 2009
    Posts
    9,263

    Default

    Quote Originally Posted by Albaman View Post
    You cannot have a Short Assured Tenancy for any less than 6 Months.

    ........
    ......
    Not so I am told (Landlordaccreditation Scotland).

    Aparently if a SaT has already been granted of at least 6 months then a subsequent SaT with same property, tenant & landlord can be for any period - 1 week, 4 months...

    I think the likelihood of this ever being used is small mind...

    see
    http://www.legislation.gov.uk/ukpga/...ured-tenancies

    32 Short assured tenancies.
    (1)A short assured tenancy is an assured tenancy—
    (a)which is for a term of not less than six months; and
    (b)in respect of which a notice is served as mentioned in subsection (2) below.
    (2)The notice referred to in subsection (1)(b) above is one which—
    (a)is in such form as may be prescribed;
    (b)is served before the creation of the assured tenancy;
    (c)is served by the person who is to be the landlord under the assured tenancy (or, where there are to be joint landlords under the tenancy, is served by a person who is to be one of them) on the person who is to be the tenant under that tenancy; and
    (d)states that the assured tenancy to which it relates is to be a short assured tenancy.
    (3)Subject to subsection (4) below, if, at the ish of a short assured tenancy—
    (a)it continues by tacit relocation; or
    (b)a new contractual tenancy of the same or substantially the same premises comes into being under which the landlord and the tenant are the same as at that ish,
    the continued tenancy or, as the case may be, the new contractual tenancy shall be a short assured tenancy, whether or not it fulfils the conditions in paragraphs (a) and (b) of subsection (1) above.
    I make mine 7 months (just in case problems with "not less than 6 months") then rolling on month-by-month for as long & me & T want it..

    Cheers!
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

  6. #6
    Join Date
    Sep 2012
    Location
    Tranent, East Lothian
    Posts
    161

    Default

    Yes you are correct artful,

    The INITIAL Tenancy must be of at least 6 Months.

  7. #7

    Default

    I don't think they will sign a 6 months contract as they will move to the new house once they get the key. So does that mean the only way is to have a occupancy agreement? Can anyone explain to me what is the difference? Tried googled it but didn't get much information on this.

    And thanks a lot Albaman for the list of things that are needed. I'm working on them and might come back with more questions

    Thanks a lot!

    Quote Originally Posted by Albaman View Post
    You cannot have a Short Assured Tenancy for any less than 6 Months.

    It is up to you, whether you insist that they sign a 6 Month SAT, and insist that if they wish to move out of the property early that they fulfill their contractual obligations until the property is re-tenanted, or you come to a mutual agreement to end the tenancy after 3 months.???

    You could offer them an occupancy agreement for 3 months.

    Either way you shoudl carry out all of the checks and put in place all of the legal documentation as you would with any other tenant.

    Are you aware of all of the requirements that you must ensure are adhered to before you let a property?

    Landlord Registration
    Energy Performance Certificate (should be in the home report if you have just bought the property)
    Permission from any Lender to Let
    Register for Self Assessment Tax Returns with the HMRC
    Landlords Insuarnce Product including Public Liability Cover
    Tenancy Deposit Protection
    Gas Safety Certificate
    Electrical Checks
    Hard-Wired Smoke Detectors
    Repairing Standard Report
    Information to be given to tenants on Repairing Standard & PRHP

  8. #8

    Default

    I'm not sure what an Occupancy Agreement is, so I shall leave that for others to respond, however, we helped out some friends who had sold their house without first buying their new home. They needed somewhere to live but couldn't say how long for. We agreed a reasonable period of notice (6 weeks if memory serves) and had our solicitor draw up an agreement between us all. It didn't cost much, it kept everyone comfortable that we all knew what the rules were and everything worked out fine.

    Good luck

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