Benefit of starting with a rolling tenancy rather than an ast

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  • Benefit of starting with a rolling tenancy rather than an ast

    Morning all

    are there any benefits of not having an ast ; but instead starting the tenancy off with a rolling tenancy and the. If all goes well offering a fixed term? The only two disadvantages i can think of are 1- The tenant might feek insecure with this 2- perhaps it wouldnt be possible to obtain rent insurance offered by the nla and the like on this basis
    Any thoughts?

  • #2
    You can't serve notice until after the first four months - so the tenant is slightly more secure than it appears. In fact they're more secure for a period than the landlord. So there's not a huge advantage over a six month initial term.

    You might find you're in breach of any BTL lender's terms relating to the type of tenancy agreement they require.

    It's not the standard agreement and some tenants might be put off.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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    • #3
      AST = Assured Shorthold Tenancy = a type of tenancy; periodic or fixed term in length, it is still AST.

      There's no advantages to a LL that I can see. As jpkeates said, a LL cannot evict until 6 months anyway, but now the tenant can serve one complete period notice right from the start. If the period is longer than 2 months (e.g. quarterly), then the s21 notice period would also be longer without a fixed term at the start because s21(4) rather than s21(1).
      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

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      • #4
        Can s8g1 be served earlier?
        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...

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        • #5
          Good point. I think so.
          I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

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          • #6
            won't the AST have to be worded to include the option to serve s8 for the LL to be able to take advantage of that?

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