Can I use an Assured Shorthold Tenancy agreement for a 2 month rental?

[stanleyman]

Hi! I would like to rent out the flat I own on a short-term 2 month basis. My freeholder permits me to have an Assured Shorthold Tenancy agreement so I would like to get one in place for my guest and then buy appropriate landlord insurance to cover me for public liability, personal injury, damage to the block caused by any major incidents caused by the guest etc etc.

I wont be asking my guest to pay for utility bills or do any of the normal things that comes with an AST.

Does anyone know if I can do this? Many thanks for any help

[jpkeates]

You can use an AST for two months.

The occupant won't be a guest, they'll be a tenant and will have all of the rights as a tenant.

I'm not sure it's a good idea, but it's possible.

[ram]

Not worth the hassle. And i think an A.S.T. must be for a minimum of 12 months according to your lease ( see if it states such )
and An assured shorthold tenancy lasts for a minimum of 6 months

You class them as a "Guest" so i assume you know the person. And if you do, then just ask for a set amount ( £ ) for the two months, ( treat them as a Gust ) IN Advance and you can evict them immediately if they don't leave after 2 months.

I also asume you currently live there and are going away fot 2 months. Therefore, no A.S.T. possible, and probably not under your lease either.

Just let them stay for 2 months as a guest, and just tell everyone you will have a guest staying there for 2 months max.

But we don't know if you are living there currently ? or will continue to live there after the 2 months ?

[doobrey]

You can agree a two month AST, but you will not be able to evict via S21 until the tenant has been in residence for six months. I presume you are proposing a short AST because you want possession after that period. If so, it is risky.

[theartfullodger]

AST can't have too low rent (tenancy becomes something else, regardless of paperwork). What are you planning to charge & is it in London?

AST could be for a week but I agree, too risky usually.

[stanleyman]

Thankyou very much for all the responses. I live there normally - it is my main residence - but I go away for extended trips. It is a flat in London.

My leasehold agreement doesn’t say anything about a minimum length for an AST

I don’t know the guest but I’m not worried about risks of not being able to evict them after 2 months since they will be returning to their home country then - it’s essentially a holiday for them

The reason I want an ASL in place is that if the guest causes a major incident in my building then I am covered by my freehold buildings insurance. Whereas if I am just informally sub letting without an ASL then I think I will be in breach of my freehold agreement

Thankyou in advance for any further thoughts

[theartfullodger]

Aye, no worries: Everybody is 110% honest about their plans, never overstays, never turns out to be planning to stay long-term.

As long as rent is over £1000pa in london it should be an AST (subject to all the other requirements).

[jpkeates]

I don’t know the guest but I’m not worried about risks of not being able to evict them after 2 months since they will be returning to their home country then - it’s essentially a holiday for them.

If they're not living there, it won't be an AST.
If they're on holiday, they don't live there.

[stanleyman]

I don’t see what the legal difference is though - even though they are on holiday they are living in my flat temporarily. I don’t see why an AST couldn’t be put in place? Thanks very much again for input

[ram]

I’m not worried about risks of not being able to evict them after 2 months since they will be returning to their home country then -

Of course they will return to their country, why wont they ? and when he / she does not return, you wont be able to get them out easily.
you need to see their return ticket ( not that you should allow them to say at your place in any event )

a leaseholder
The reason I want an ASL in place is that if the guest causes a major incident in my building then I am covered by my freehold buildings insurance

No, you will not be covered by the freeholders buildings insurance, as the guest is not a leaseholder or shareholder, and does NOT live there.
Any damage he / she commits, will be on you to pay to rectify once the guest has left the country and is not traceable anymore.

YOU will need a Deed to be signed by the guest to observe all aspects of the lease except for service charges and ground rent ( normally refered to as "rent" in the lease ).
A Judge once said, how can you expect a tenant to abide by the lease if said tenant was not given a complete copy of the lease, and he was not given a Deed to sign to observe the lease.

The above reference to a deed must also be put in the AST, not that i advise you take this guest on.
But again, "If they're not living there, it won't be an AST." it will be a holiday flat, and usually that is "no no".

Words of wisdom -- Don't do it.

[doobrey]

I don’t see what the legal difference is though

It is defined in the Housing Act 1988.

See for instance https://england.shelter.org.uk/profe...ncy_definition

An assured tenancy is a type of tenancy that some private tenants and most housing association tenants have. An assured tenancy is defined as a tenancy of a dwelling-house let as a separate dwelling to an individual, who is a single (sole) or joint tenant, where the tenant or at least one of the joint tenants occupies the house as their only or principal home.

[jpkeates]

I don’t see what the legal difference is though - even though they are on holiday they are living in my flat temporarily. I don’t see why an AST couldn’t be put in place? Thanks very much again for input

Because the law says it's different.
And it's the law that says something's an AST or not.

When someone is on holiday, they're obviously resident, but they're not living there.
It's obviously possible to live somewhere for a short period, but not if you obviously actually live somewhere else.

You're probably better off with it being a holiday let, rather than an AST.
Even better to have them as a paying guest and you not move anything out.

[landlord-man]

The OP lol

I don’t know the guest but I’m not worried about risks of not being able to evict them after 2 months since they will be returning to their home country then

The reason I want an ASL in place is that if the guest causes a major incident in my building

So all will be perfect - except if it isn't.

[DPT57]

EICR, GSC, EPC of at least an E, smoke and possibly CO alarms on every floor, having to protect the deposit correctly, landlord insurance, risk that they'll decide to stay on for a bit longer and you'll be homeless on your return..... And if the Council has a Selective Licence scheme in place, you'd have to apply for a licence, pay a fee of around £800 and possibly make other adaptations to your property to comply. Is it really worth it?

[stanleyman]

I appreciate the responses but don’t feel my posts are being understood. The guest is paying me £11k for two months rent of the apartment - they are not a “squatter” risk.

My guests are in London while they work remotely / enjoy leisure time. This could be called a holiday but I don’t see legally how you distinguish between the two. They are essentially living in my flat for two months so I conclude from the above posts that there is no reason an ASL cannot be put in place for that period (given there is no legal minimum limit to an ASL).

I’ve got all the fire alarms, deposit and other processes in place. The hassle is worth it for the amount of money involved and there will be repeat guests who will use the same agreement

To repeat, the reason I want an ASL in place (and not a holiday let, for example) is that it is legally allowed under my leasehold agreement whereas other forms of short term letting are not

Thanks again