Length of a Rental Lease

  • Filter
  • Time
  • Show
Clear All
new posts

  • Length of a Rental Lease

    I don't live in the UK but still rent out a flat there. I have someone (the current tenant who is leaving) looking to fill the flat for me. She has said she has found someone and they are wanting to sign a 4 year lease! My initial reaction is why would anyone do this?! Should I be worried about this, or should I not look a gift horse in the mouth.

    I worry about having the option of increasing the rent and also wanting to sell the property...

  • #2
    You would be well advised to look this particular gift horse carefully in the mouth.

    There are perfectly valid reasons why someone may want a 4 year lease mostly to do with stability, kids schooling etc. etc. but there are also a number of reasons that could leave you seriously up the creek.

    1. If they turn out to be poor tenants, say noisy, not looking after property etc., as long as they pay the rent it is going to be very difficult to get them out.

    2. There have been cases where tenants turn the house into a cannabis farm, renting out overcrosded rooms etc., deny you entry and leave you with a wreck.

    3. Just be pain in rear tenants who make your life difficult who you can't get rid of for 4 years.

    As a minimum you should:

    1. Have a good think about whether you want to commit to 4 years in any circumstances - thats a long time to lock into, your plans and needs might change susstantially in that time. If you needed to sell it would be difficult/impossible with 4 year security of tenure.

    2. If you are inclined to take it at least say I will start with a 6 month letting with a non binding intention to allow a longer lease at the end of 6 months if everything has gone well.

    3. If you decide to do it anyway do as much in depth checking as you can, all the normal checks plus talk to previous landlords - make sure they are who they calim to be - might be a more expensive but money well spent and take a much larger deposit I would suggest 3 months.


    • #3
      A four-year lease creates additional technical problems: a special format (as a Deed) is essential, for instance.
      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).


      • #4
        Just offer them a 6 months contract and state that if they prove to be satisfactory you can renew with a 12 months contract. You could of course let it become periodic but a 4 year fixed term lease definitely puts T in control. As Jeffrey says there are good reasons not to.
        The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.


        Latest Activity


        • This is a NO isn't it? Seems iffy to me, what do you think?
          This is a NO isn't it? Seems iffy to me, what do you think? Any insights? My ad is on Gumtree.

          "Hello, I'm A***** a British America Business man, I have a business project in your area and I'll like to rent your apartment for the period of 6 month and I'll like to know...
          27-07-2017, 13:57 PM
        • Reply to This is a NO isn't it? Seems iffy to me, what do you think?

          I'm assuming you are posting this for a laugh
          27-07-2017, 14:22 PM
        • Reply to This is a NO isn't it? Seems iffy to me, what do you think?
          I'm surprised that you are even asking, it's obviously some kind of scam.

          At the very least phishing for your personal contact details.

          "British America Business man" who can't spell 'American' or even write English properly? - "my personal assistance and he...
          27-07-2017, 14:11 PM
        • Burglary Damage - Who Pays?
          Our rented flat was broken into, in the process the Yale lock was broken and cost £100 to repair. The landlord is refusing to pay this on the basis we didn’t also lock the door with the mortice lock. We didn’t use the mortice lock as it wasn’t working although the landlord did not know this....
          25-07-2017, 11:40 AM
        • Reply to Burglary Damage - Who Pays?
          John Duff
          Following on from my last post, had the tenant not informed the police and landlord at the time, they would have failed in their duty. I therefore would expect the tenant to foot the bill at the end of the tenancy or sooner.
          27-07-2017, 13:45 PM
        • Tenant's energy debt.
          I am a landlord of a 2 bed end terrace, the property is owned out right. I am registered Disabled and this was the main reason I decided to rent my property out. As it was not a suitable property for my Disability. I would have to make some major changes that would devalue my property like installing...
          20-07-2017, 22:08 PM
        • Reply to Tenant's energy debt.
          Hi there, I've also been looking into the office of fair trading as nobody has said whether you believe that E.on or that LCS have acted is the correct manner when looking into a debt. well I have found out this piece of information and would like to know your thoughts and views if its correct and I'm...
          27-07-2017, 13:30 PM
        • Reply to Burglary Damage - Who Pays?
          John Duff
          Criminal damage not connected with the tenant occurred during the tenancy and was reported as such at the time. It is not the case that the tenant caused or was responsible for loss of value beyond wear and tear.

          I'm just stating my view which appears to be backed up from sources other...
          27-07-2017, 13:15 PM
        • Reply to Burglary Damage - Who Pays?
          If the tenancy ended and the lock was broken, it would be a loss in value beyond fair wear and tear and I'd expect the tenant to compensate the landlord for it.
          Same as any other damage.

          What's different about it during the tenancy?
          27-07-2017, 13:03 PM
        • Reply to Burglary Damage - Who Pays?
          John Duff
          Yes, they have a duty of care but not the same responsibilities as a lease/freeholder.

          If I was the tenant, I'd refuse to pay. This is assuming I hadn't been grossly negligent and had reported the damage at the earliest opportunity to both the police and the landlord. I would expect a TDS...
          27-07-2017, 12:55 PM