2 year fixed contract / yes or no? why?

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    2 year fixed contract / yes or no? why?

    Hi all,

    I have a new tenant and he would like a 2 year fixed contract for my property.
    I always had a 1 year with a 6 month break clause so unsure on the positives and negatives of the 2 year fixed. Please could you advise?

    Thank you

    #2
    6 months then periodic. Break clauses are notorious for being unenforceable due to bad drafting.

    Who knows if tenant will actually like property, area, not get moved by work or have family crisis.

    Tell tenants they can stay as long as they and you are happy.

    And that your happiness is largely dependent on rent in-full, on-time, place looked after, no (valid) complaints from neighbours
    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
      Will I have an issue evicting him on a 2 year tenancy agreement, if they don't pay their rent?

      Comment


        #4
        Originally posted by kesm View Post
        Will I have an issue evicting him on a 2 year tenancy agreement, if they don't pay their rent?
        You would have to use the section 8 route, which means a mandatory hearing which the tenant could defend with a claim of some kind of disrepair.
        When the tenancy is periodic, you can use a section 21 notice which can only fail because you've got something wrong.


        As per the theartfullodger above, all of my tenancies are six monthly and then periodic.
        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


          #5
          I agree. Six months fixed term then allow it to go periodic. Explain to the tenant that you are happy with a long term let but on those terms.

          Comment


            #6
            Offer them a two year fixed deal if they agree to put the two years' worth of rent into an escrow account up front - otherwise you have no chance in hell knowing whether they would actually pay the rent during the fixed term.

            Comment


              #7
              Originally posted by DPT57 View Post
              I agree. Six months fixed term then allow it to go periodic. Explain to the tenant that you are happy with a long term let but on those terms.
              This, not a chance i would agree to a 2 yr term.

              Comment


                #8
                It may be that your prospective tenant has been forced to move at short notice previously and is looking for some security. If you can reassure them that you are a professional LL, letting for the long term, but that 2 years is a long time and things can change for either party, they may be happy to take 6 months.

                If you explain that it is for their benefit as much as yours and that as things stand you have no intention of doing something else with the property they may be reassured enough to accept 6 or 12 months.

                Good luck

                Comment


                  #9
                  It is not unreasonable for a tenant to want contractual security of tenure for more than six months. The reluctuance of landlords to grant tenancies for more tjhan six months is understandable. Whilst on the whole I am against bringing complications into ASTs, a compromise is available.

                  The landlord grants a longer term, but includes in the terms of the tenancy a landlord's only right to break exercisable only if the tenant fails to pay the full rent on or before the due date, time to be of the essence. If the tenant is late paying the rent the landlord can then bring the contractual tenancy to end. Whilst that will not stop a statutory periodic tenancy from arising, the landlord is not dependent on serving a notice on grounds 8, 10 or 11. The clause would need to be professionally drafted.

                  I cannot see such a right to break being deemed unfair if it is shown that it was negotiated in exchange for the grant of a longer term than the landlord was offering.

                  Comment


                    #10
                    Originally posted by kesm View Post
                    Will I have an issue evicting him on a 2 year tenancy agreement, if they don't pay their rent?
                    You'd also have an issue attempting to evict under the waste of space ASB grounds.
                    (The second biggest reason for 'no fault' evictions.)

                    Comment


                      #11
                      Originally posted by boletus View Post

                      You'd also have an issue attempting to evict under the waste of space ASB grounds.
                      (The second biggest reason for 'no fault' evictions.)
                      What is that?

                      Comment


                        #12
                        Originally posted by kesm View Post

                        What is that?
                        Sorry if I was unclear. I meant the biggest reason for S21 'no fault' evictions is rent arrears, the second biggest reason is ASB.

                        It was quite an old survey though, I suspect landlords leaving completely and selling up is now increasingly a reason.

                        Comment


                          #13
                          ASB is anti social behaviour
                          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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