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There is no maximum length of time. However, it is not really advisable to have any fixed term for longer than around a year, either for tenant or landlord. Can I ask what the circumstances are surrounding your question?
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Doh...thanks david....could you post me a link if you have one where it refers to that? All the info I could find said an AST could be of any length.
Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.
There is no maximum length but it is meant to be for a relatively short period otherwise why would it be called an Assured Shorthold Tenancy?
These are the defining lengths of the term where matters can change:-
For a term of 3 years or under it does not have to be witnessed and can be drawn up by a landlord & tenant quite simply.
Over 3 years then it does have to be signed as a deed and witnessed.
If you want to grant a tenancy of more than 7 years then you should use a tenancy at common law as you could make a tenant responsible for all repairs if you wanted to! (quite common in commercial tenancies). You would need to ensure it does not come under the Landlord & Tenant Act 1954 or you could be stuck with the tenant.
For tenancies over 21 years then different rules apply.
The moral is therefore keep it short!
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.
I stand corrected - though when the original shorthold tenancies were created they were to be a maximum of 5 years - that seems to have been repealed or replaced because I too could find no references to it!
If someone has entered into a 10 year AST and it has been executed properly as a deed etc does that means the landlord can't use S21 to recover possession until the end of the fixed term?
If someone has entered into a 10 year AST and it has been executed properly as a deed etc does that means the landlord can't use S21 to recover possession until the end of the fixed term?
It does indeed - unless there is a landlord's break clause.
If someone has entered into a 10 year AST and it has been executed properly as a deed etc does that means the landlord can't use S21 to recover possession until the end of the fixed term?
It does indeed - unless there is a landlord's break clause.
That's true of any fixed-term AST, of course.
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Originally posted by unhappydisgustingWOWView Post
1. What might be the possible consequences of issuing a 6 month AST, which then just rolls on and on - eg for much longer than 5 years?
The tenancy would simply continue (under the same terms as the original agreement) on a periodic basis after the initial fixed term.
Originally posted by unhappydisgustingWOWView Post
2. If the 5 years limit is aproaching, could you issue a new 6 month AST to the same tenants at 4y 11m, and let that roll for another 5 years?
There is no 5 year limit for AST's in England or Wales -read post #6.
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So I could issue a 6 month AST, allow it to fall into SPT and just let it keep rolling like that for 30 years, whilst still having all the rights to evict with 2 months notice (assuming no changes in law of course).
Originally posted by unhappydisgustingWOWView Post
Ah ok, I was getting confused.
So I could issue a 6 month AST, allow it to fall into SPT and just let it keep rolling like that for 30 years, whilst still having all the rights to evict with 2 months notice (assuming no changes in law of course).
Yes, but with SPT tenant has the right to go with one months notice - ie they're not tied in either.
Here is another bit of pending legislation/government spittle that has been ill thought through.
My kid has a tenancy which includes Council Tax and Energy as part of the rent. Her rent has gone up a lot as a result of increased cost of these inclusions.
Thanks, I haven't tried it yet so may be back for advice! 2 laptops so think I have to go for the mobile hotspit option. Does tethering have to be done with a cable?...
I've long said that if I wanted to encourage small private landlords to get out of the market I'd probably try this. Pretty sure I'd sell up so long as it didn't...
If you have data on your mobile plan (or buy a weekly/monthly data pack if your are PAYG) then turn your phone into a mobile wifi hotspot or tether it to the computer via the USB cable that came with the phone.
That's what I'm going to be doing once my fixed 12 month broadband contract...
My land-line is going too when the contract runs out. It's cheaper to ring out from the mobile and most of the incoming calls on the land line are nuisance calls. I've only kept it because of WiFi.
My fixed rate has just ended and I've now gone onto standard rate (the new fixed rates being offered are ridiculous;y high).
I've not got the new DD amounts yet but from my own calcs the Gas will go up by 80%, however with this £400 (and I should also get the Warm Home Discount again,...
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