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Nov, 2014

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  1. #1
    Join Date
    Aug 2012
    Location
    England
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    3

    Default What type of tenancy agreement should i use for a 3 and a half month fixed term?

    i have a property that i am going to let out for 3 and half months and i'm wondering which agreement i should use. the property must be vacated by a specific day. I thought about an AST but believe the tenant can stay for a minimum of 6 months before notice of repossession can be given. Been looking for an agreement along the lines of something similar to a holiday let?

    any advice would be most appreciated!

  2. #2
    Join Date
    Oct 2006
    Posts
    7,547

    Default

    The only way you can guarantee they will be out is if you are a resident landlord.
    Stalkers, please go over this comment with a fine tooth comb.

  3. #3
    Join Date
    Aug 2012
    Location
    England
    Posts
    3

    Default

    thanks for your reply, the landlord lives on the premises and its a separate studio flat, would this come under a resident landlord agreement?

  4. #4
    Join Date
    Mar 2009
    Posts
    9,490

    Default

    As long as the flat "purpose built" - then it's an AST, if not then it cannot, may not, be an AST.. It becomes I think a "common law tenancy"

    However the only way to guarantee tenant leaving (AST or common-law) would be to get a court order which will likely take MONTHS after the specific day you want them out...

    Unless you go with the criminal option of illegal eviction and/or harassment...

    Sorry!
    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...

  5. #5
    Join Date
    Apr 2010
    Location
    UK
    Posts
    2,273

    Default

    A landlord cannot guaratee possession on a particular day. The only way to formally and legally end a tenancy is by court action, regardless of the length of the fixed term.

    Have you a tenant already lined up? TBH, I think you will find it very difficult to let for such a short time.

  6. #6
    Join Date
    Aug 2012
    Location
    England
    Posts
    3

    Default

    i have tenants lined up with good references etc. i have no reason to believe they will stay longer as its just a short term solution while they do building work.

    i just want to ensure i use an agreement which provides some protection. am i right in thinking a common law tenancy agreement is my only option?

  7. #7
    Join Date
    Oct 2006
    Posts
    7,547

    Default

    I advise you to see a specialist solicitor who can draw up a relevant agreement.
    That way, you have some come-back if it isn't drafted correctly.
    Stalkers, please go over this comment with a fine tooth comb.

  8. #8
    Join Date
    Mar 2009
    Posts
    9,490

    Default

    Quote Originally Posted by LloydR View Post
    i have tenants lined up with good references etc. i have no reason to believe they will stay longer as its just a short term solution while they do building work.
    ...
    Ho ho ho (festively appropriate...). In my 'umble experience building projects rarely run to time: In my experience believing prospective tenant's stories about how good they are & what they will do for you is "likely to lead to disappointment"....

    It doesn't matter is the paperwork says AST or not, as you have described it it will be a common-law-tenancy...

    It is likely, however, that the tenant & many others (CaB, solicitors..) won't understand the difference ... and think they have AST...

    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...

  9. #9
    Join Date
    May 2009
    Posts
    14,115

    Default

    Quote Originally Posted by LloydR View Post
    the landlord lives on the premises and its a separate studio flat, would this come under a resident landlord agreement?
    Is the building a purpose built block of flats, or is it a building converted into flats?

    Does the landlord live in the same building in a different flat, and is it his only or principal home?

    Will the studio flat be the occupier's only or principal home?

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