12 Month Agreements

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • 12 Month Agreements

    Dear all,

    I have a prospective tenant wanting a 12 month contract, I`d just like to know if things go south and I require possession under a s21, can I enforce this only after the 12 months is up, or can it be served after 6 months of a 12 month contract.

    Many Thanks

  • #2
    Originally posted by taheemr View Post
    Dear all,

    I have a perspective tenant wanting a 12 month contract, I`d just like to know if things go south and I require possession under a s21, can I enforce this only after the 12 months is up, or can it be served after 6 months of a 12 month contract.

    Many Thanks
    In principle, if you grant a 12 month AST, you are both bound by the contract for the whole 12 months (unless T does not pay rent or otherwise breaches the contract, in which case you may be able to get him out earlier).

    If you want the flexibility of being able to ask him to leave after only 6 months, then why not include a break clause operable after 6 months which would allow either of you to call it a day (with appropriate notice given, of course)?

    You cannot have a contract where you can give notice at 6 months but the T cannot (if that is what you were hoping for?)
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

    Comment


    • #3
      Originally posted by taheemr View Post
      I have a prospective tenant wanting a 12 month contract, I`d just like to know if things go south and I require possession under a s21, can I enforce this only after the 12 months is up, or can it be served after 6 months of a 12 month contract.
      Section 21 rights cannot be used (i.e. L cannot enforce a Possession Order, obtained under s.21) until the fixed term ends.

      However, the Agreement could include a break clause. L cannot operate this during a new T's first six months of ASTship.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

      Comment

      Latest Activity

      Collapse

      • Landlord asks that T to pay deposit protection charge each time we renew AST
        JP23
        Why must we continuously renew our deposit with the scheme each time we re-sign our AST i.e. every 12 months?

        Why can the deposit not remain protected throughout the duration of the overall tenant occupation?

        Is our landlord acting in questionable faith by asking us to pay...
        23-07-2017, 04:18 AM
      • Reply to Landlord asks that T to pay deposit protection charge each time we renew AST
        Lvkn
        Hello
        i am a landlord and have insurance based deposit protection (I hold the deposit in segregated client account and register it with My Deposits) every time a new contract is drawn up we have to pay £48. If a tenancy is renewed, we pay £48. If someone moves out of one of our multiple tenant...
        23-07-2017, 20:27 PM
      • Excessive estate agent fees
        Cml241
        I have a property which I started renting out via an agency. When the contract started, they found new tenants, did the relevant checks etc and charged an upfront fee which equates to approx one month's rent. As one year has almost passed, the agent has approached me asking if I want them to 'renegotiate'...
        21-07-2017, 16:26 PM
      • Reply to Excessive estate agent fees
        Wright76
        If you have no ongoing contract with the agent and it was "find" only, they have no right to force you into a new AST.

        Depending on the terms of your contract there's nothing to prevent you, if your feeling confident, in renewing the contract yourself and taking over.
        ...
        23-07-2017, 19:11 PM
      • Reply to Landlord asks that T to pay deposit protection charge each time we renew AST
        jjlandlord
        Fees for 'renewing' will not be in the tenancy agreement because they are not fees of the tenancy and are freely negiotiated.

        The landlord should simply charge an admin fee to renew and set it to include all his costs...
        23-07-2017, 19:02 PM
      • Structuring a deal - Purchase Option/Overage Agreement?
        pdmalik
        Hello,

        There is a derelict property with good potential in my area. The owner tried to sell it in a local auction few years back and did not get what he wanted (actually did but got greedy). Now he can even sell it for cheaper than what he was getting in the auction. Property has good potential...
        23-07-2017, 16:52 PM
      • Reply to Structuring a deal - Purchase Option/Overage Agreement?
        mariner
        Make the owner an offer to purchase.
        23-07-2017, 18:46 PM
      • Reply to Landlord asks that T to pay deposit protection charge each time we renew AST
        Wright76
        There is no charge and it doesn't need reprotecting if it's in a custodial scheme. If it's in an insurance based scheme then landlord is holding it and can be claiming interest on it, it's therefore very cheeky but not illegal to pass the cost onto you.

        Ask him if he can use a custodial...
        23-07-2017, 18:45 PM
      • Reply to Landlord asks that T to pay deposit protection charge each time we renew AST
        KTC
        Yes, but if we're talking renewal, then it'll inevitably be in it.

        Is it insured or custodial. Insured, meh. Custodial, wholly unreasonable....
        23-07-2017, 18:33 PM
      • Deposit at the end of AST. Also, quiet enjoyment.
        scooter08
        Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)?
        England

        Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only?
        AST

        Q3 – What date did current TA start dd/mm/yy?
        12/04/2015
        ...
        21-07-2017, 15:06 PM
      Working...
      X