6 months AST and thereafter monthly contractual periodic tenanct

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  • jpkeates
    replied
    You can't unilaterally cancel a contract that's been made.

    However, there's not a lot that the other party could do about it.
    They'd be entitled to compensation for any loss arising as a result, but there probably wouldn't be any.

    Move in isn't ambiguous - that's when the tenancy begins (as opposed to when the contract starts).

    Leave a comment:


  • zv2k
    replied
    Hi All. So I signed the AST last week. But they are still making demands about furniture etc and I'm finding it too stressful dealing with them everyday and they haven't even moved in yet lol.

    on the AST I stipulated it was conditional on then probiding physical documentation of right to rent prior to "move in". She provided a letter from the home office that they would be issued with a visa once they land and go to the post office. But they're not due to land till September and the contract starts August. So providing physical docs to me, would be impossible prior to start of the contract (although "move in" I guess is ambiguous)

    was wondering can I cancel the AST and return their holding deposit if I want? Can you cancel an AST in general prior to it starting?

    thanks all

    Leave a comment:


  • cymro123
    replied
    Thank you Lawcruncher the 'material interest' bit was a Council Tax liability consideration

    Leave a comment:


  • Lawcruncher
    replied
    Originally posted by cymro123 View Post
    1. an AST can have an Initial Term (say 6 months) and then 'continue' as a (say) monthly periodic tenancy (commonly referred to as a contractual periodic tenancy because it is not statutory) but in this scenario the tenancy cannot have a 'Fixed Term'?
    Correct except for the small point that the whole tenancy is a contractual period tenancy. Also perhaps preferable to refer to the first 6 months as the "initial period".

    Originally posted by cymro123 View Post
    2. In the example above (6 months then monthly) the tenant has a material interest from day 1?
    Not quite sure what you mean by that.

    Originally posted by cymro123 View Post
    3. As the tenancy is contractual a NTQ could be required by L from T if the T wanted to leave on the last day of the Initial Term?
    No, because (assuming there is no unncessary complication introduced) "x months then continuing monthly" is a minimum of x+1 months. If the parties want a minimum term of 6 months they have to agree ""x months then continuing monthly".

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  • cymro123
    replied
    So for my own understanding
    1. an AST can have an Initial Term (say 6 months) and then 'continue' as a (say) monthly periodic tenancy (commonly referred to as a contractual periodic tenancy because it is not statutory) but in this scenario the tenancy cannot have a 'Fixed Term'?
    2. In the example above (6 months then monthly) the tenant has a material interest from day 1?
    3. As the tenancy is contractual a NTQ could be required by L from T if the T wanted to leave on the last day of the Initial Term?

    Leave a comment:


  • DPT57
    replied
    I think you should consider using a letting agent or you could lose a lot more than the 30% rent.

    Leave a comment:


  • zv2k
    replied
    Thanks JP! Desperate times desperate measures haha. I'm tempted to just offer the whole flat to my lodger for 30% less than the Hong kongers just cuz it's easy.

    mdeB I probably could do with some training. Wasn't really intending to be a proper landlord just to have a lodger. But the freeholder won't permit it anymore so I need to step up to the big time.

    Leave a comment:


  • MdeB
    replied
    Originally posted by zv2k View Post
    I didn't think that was the case. But JP and artful dodger have indicated that the contractual monthly periodic would be an AST still. Any thoughts?
    From this and other comments it sounds like you could do with some proper landlord training.

    Leave a comment:


  • jpkeates
    replied
    Originally posted by zv2k View Post
    Any thoughts on whether or not I can serve notice or not when it gets to the contractual monthly periodic one? I've put a mutual break Clause of 2months each way after the first 4 months.
    This is becoming remarkably complicated for something that should be very simple.

    Break clauses are tricky to get right and can cause landlords all sorts of issues if they are dealing with an uncooperative tenant.
    If its a six month initial term that then becomes periodic, with two months notice for both of you, what's the benefit to either of you of having a break clause at 4 months?

    These are unusual tenants - non-UK nationals who you can't credit chec, have never met, you've struggled to establish their right to reside,who're paying 6 months up front and then going to monthly payments.
    Why are you trying to make things more complicated?

    Leave a comment:


  • zv2k
    replied
    Any thoughts on whether or not I can serve notice or not when it gets to the contractual monthly periodic one? I've put a mutual break Clause of 2months each way after the first 4 months.

    Leave a comment:


  • Lawcruncher
    replied
    Originally posted by zv2k View Post
    I didn't think that was the case. But JP and artful dodger have indicated that the contractual monthly periodic would be an AST still. Any thoughts?
    I think you may be confusing "AST" with "fixed term".

    All of the following can be ASTs:

    Fixed terms

    Contractual periodic tenancies

    Statutory periodic tenancies

    Leave a comment:


  • DPT57
    replied
    Of course its still an AST. Any thoughts on what?

    Leave a comment:


  • zv2k
    replied
    I didn't think that was the case. But JP and artful dodger have indicated that the contractual monthly periodic would be an AST still. Any thoughts?

    Leave a comment:


  • MdeB
    replied
    Originally posted by zv2k View Post
    So if it's contractual periodic, I can never evict them?
    How did you reach that conclusion?

    Originally posted by zv2k View Post
    Not even after the 4month break Clause?
    Break clauses are the work of the Devil and benefit only letting agents; Avoid them like COVID-19.

    Leave a comment:


  • theartfullodger
    replied
    Originally posted by zv2k View Post
    Should I put in like a maximum term to the contractual period?
    Makes no difference. If the rules don't suit you.....

    Leave a comment:

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