What agreement for "granny" annexe?

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    What agreement for "granny" annexe?

    Hi, We have a side extension on our bungalow that we have let for years. The current tenant is leaving and the letting agent is proposing an assured shorthold tenancy which is causing me great concern given recent proposals of greatly increased security for tenants. The accommodation consists of a bed/sitting room with kitchen and a shower room. Access is via the main house door then a separate door. I should mention that it was a condition of planning approval that the accommodation did not have its own exclusive entrance.
    All the services, gas, elec, water and broadband are paid my us, there are no separate meters and we pay the Council Tax on the whole property.
    Any advice on a suitable "licence" would be appreciated. Obviously having a "secure" tenant in part of our home would be a disaster.

    #2
    Common law tenancy.

    It cannot be (may not be, legally impossible to be) an AT so ditto not an AST. (Schedule 1 or 2 of Housing Act 1988)

    That you agent suggests AST shows they don't understand the law. Fire them.
    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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      #3
      Possibly a lodger, depending on the facts of the situation.

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        #4
        Thanks for the helpful comments. Shelter's advice concerning an "Occupier with basic protection" seems to cover our situation:


        "You are probably an occupier with basic protection if, for example, you:
        • live in the same building as your landlord but do not share living accommodation with them, for example if your landlord lives in a separate flat in a converted house"
        • So the next question is, Where do we obtain the appropriate tenancy agreement/licence?

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          #5
          I believe I am in the same position. I've tried several Letting Agents for help with an appropriate tenancy agreement and I've drawn a complete blank - all they are willing to provide is an AST. Should you get a definitive answer I would be most interested. Good luck.

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            #6
            Which tells you those letting agents don't understand the law: What a surprise...

            The RLA do one (I'm not making any recommendations..)
            https://www.rla.org.uk/landlord/docu...greement.shtml
            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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