Agreement for 3 month primary residence letting

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    Agreement for 3 month primary residence letting

    I am hoping to rent out my primary residence for a period of 3-4 months while I am out of the country, starting in April.

    I have found a family who are interested in renting my property but I want to understand the agreement I should use. I own a buy to let property and use and AST but at it is under 6 months I believe a holiday let is appropriate.

    Can somebody please confirm this and what I should be aware of when doing this? Any potential issues I should make sure to avoid? What would a typical deposit be? Are reference checks appropriate and typical - I imagine so and would like to run them.

    Where could I find an agreement to use? I didn't find any in the documents section of this website. I am happy to pay for the right agreement.

    The family in question own a property in Kent (effectively a holiday home for them) but both work in London and sold their primary residence in London in 2019. They have done short term lets for the past 9 months and want another 3 months while they look for another new primary residence in London to buy.
    ​​​​​
    Thanks in advance

    #2
    Give them a a fixed Term, 6month AST and allow it to go periodic (if required).

    Comment


      #3
      Originally posted by mariner View Post
      Give them a a fixed Term, 6month AST and allow it to go periodic (if required).
      The length of the tenancy is only 3 months and I believe an AST needs to be a minimum of 6 months, so don't think it is appropriate

      Comment


        #4
        A letting is not a holiday letting just because it is short term. It must be for a genuine holiday. Whilst it is entirely possible that someone, say on a sabbatical, will take a three month holiday, on the whole saying a tenancy granted for three months is a holiday letting is going to raise some eyebrows. If the reason for the letting here is, as here, that the proposed tenant has sold his house and wants accommodation while looking for a new one, then it will not be a holiday letting.

        If you let to the proposed tenant you are taking a risk that when you return from abroad you will be homeless for several months. You should also consider whether letting for three months is in any event worth all the hassle involved.

        Comment


          #5
          Originally posted by ringzer View Post
          The length of the tenancy is only 3 months and I believe an AST needs to be a minimum of 6 months, so don't think it is appropriate
          There is no minimum length for an AST - and if someone is living in your property and you are not it will be an AST (or, theoretically, an Assured Tenancy).

          You can't serve the standard (s21) notice until the tenancy is four month's old, so a 3 month tenancy is remarkably risky.

          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).

          Comment


            #6
            If you don't like the legal options (basically an AST of 1week to 3 years, holiday let would be a sham) then don't rent it out. Simply
            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...

            Comment


              #7
              This is an example of how the current regulations are reducing the flexibility of the market. Apparently we have here someone who wants to rent out their property for 3 months & someone who wants to rent it - but there is no suitable vehicle that allows this to happen without significant risk!

              Unintended consequences of poor legislation!

              Comment


                #8
                Originally posted by jpucng62 View Post
                This is an example of how the current regulations are reducing the flexibility of the market. Apparently we have here someone who wants to rent out their property for 3 months & someone who wants to rent it - but there is no suitable vehicle that allows this to happen without significant risk!

                Unintended consequences of poor legislation!
                There is a suitable vehicle: A 3 month AST: As long as everyone is honourable.... We're all honourable eh?
                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...

                Comment


                  #9
                  Bottom line: politicians have made it impossible for you to "safely" arrange a 3 month let. They have also made it impossible for people who need three months to find such things.

                  Rather just leave it empty. Switch off the water supply and pay someone to visit frequently to check all is well and to make sure insurance conditions are not breached.

                  Nobody actually benefits but that's the world.....

                  Comment


                    #10
                    I don't think it's been possible for decades to let someone have a three month let without the risk of someone holding over and for that to take longer than the original let to resolve.

                    English style legislation can't cope with everything and it's not common to want to take up residence somewhere for three months.

                    If the people who want to rent have a home elsewhere and want a change of environment for three months, a holiday let works.

                    If the tenant doesn't live somewhere else and landlord and prospective tenant know and trust each other, use an AST that's periodic from the start, the tenant gives the landlord notice the day after they move in, and before the tenancy starts the landlord serves notice to support section 8 ground 1. That mitigates the risk as well as anything can.
                    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).

                    Comment


                      #11
                      The HA 1988 does have a vehicle for a three month letting while the owner is abroad:

                      · Serve a ground 1 notice before the tenancy begins
                      · Serve a notice stating that the tenancy will not be an assured shorthold tenancy
                      · Grant a tenancy for three months

                      The snag is of course that if the tenant stays put it will take you six months to get him out, but that is a procedural problem rather than a strictly legal one. If you think that no one should be deprived of a home without judicial enquiry, you really have to have one set of rules.

                      Comment


                        #12
                        Originally posted by Lawcruncher View Post
                        The HA 1988 does have a vehicle for a three month letting while the owner is abroad:

                        · Serve a ground 1 notice before the tenancy begins
                        · Serve a notice stating that the tenancy will not be an assured shorthold tenancy
                        · Grant a tenancy for three months
                        - Serve s8 g1 notice during 1st month, to expire at the end of the third month.

                        Any reason to avoid creating AST - it doesn't seem to give any advantage?
                        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).

                        Comment


                          #13
                          Originally posted by jpkeates View Post
                          Any reason to avoid creating AST - it doesn't seem to give any advantage?
                          The minimum term for an AST is 6 months. There is no minimum term for a non-shorthold assured tenancy.

                          Comment


                            #14
                            Where does the minimum come from, an AST can be periodic from the start?
                            You can't serve notice as a landlord until month 4, so they're effectively 6 month's minimum, I agree.
                            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).

                            Comment


                              #15
                              Thank you for all the responses - I will review properly this evening.

                              However one point I would like to reiterate is that the proposed family already own a property in Kent (ironically their holiday home and use that at the weekend.) So I believe this has an impact on the type of tenancy I could offer them as it wouldn't be their only residence.

                              Originally posted by Lawcruncher View Post

                              The minimum term for an AST is 6 months. There is no minimum term for a non-shorthold assured tenancy.
                              Where can I find out more about a non-shorthold tenancy? Which act is it defined in?

                              Comment

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