Maximum Length of an AST Agreement

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

    Maximum Length of an AST Agreement

    Hi,

    Can anyone tell me what the maximum length of time you can grant an AST Agreement for please.

    Thanks

    #2
    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?
    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.

    Comment


      #3
      It's actually 5 years - up to three years it can be done by ordinary contract, but for terms in excess of that, it must be by deed.

      Comment


        #4
        Thanks. I can't seem to find any reference to the 5 year maximum term but knew about it needed to be created by deed on an AST over 3 years.

        Comment


          #5
          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.

          Comment


            #6
            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:-
            1. 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.
            2. Over 3 years then it does have to be signed as a deed and witnessed.
            3. 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.
            4. 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.

            Comment


              #7
              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!

              Comment


                #8
                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?

                Comment


                  #9
                  Originally posted by settloe_99 View Post
                  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.

                  Comment


                    #10
                    Originally posted by settloe_99 View Post
                    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?
                    Originally posted by Lawcruncher View Post
                    It does indeed - unless there is a landlord's break clause.
                    That's true of any fixed-term AST, of course.
                    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


                      #11
                      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?

                      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?

                      Comment


                        #12
                        Originally posted by unhappydisgustingWOW View 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?

                        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?
                        The limits are on tenancy agreements, not tenancies. A SPT is, in effect, a new tenancy agreement every month so that won't be an issue.

                        Comment


                          #13
                          Originally posted by unhappydisgustingWOW View 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 unhappydisgustingWOW View 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.
                          The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

                          Comment


                            #14
                            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).

                            Comment


                              #15
                              Originally posted by unhappydisgustingWOW View 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.

                              Comment

                              Latest Activity

                              Collapse

                              • Reply to Fee
                                by nukecad
                                What is the letter?

                                If it's simply confirmantion that he is renting from you and what the rent is (because he doesn't have a written TA, or a s13 notice of rent increase, to show them) then it is needed to show that he has a liability to pay rent at that amount.

                                Without such...
                                17-05-2022, 11:57 AM
                              • Fee
                                by jase222
                                Hi
                                My tenant wants me to write a letter to U/C , can I charge for the time if needed? I am not but then wondered?
                                17-05-2022, 10:12 AM
                              • Reply to Fee
                                by jpkeates
                                You're allowed to charge the tenant for services that are in addition to the property let, but only if they're optional.

                                This one's a bit of a grey area, because I'd guess you don't have to write the letter, but the tenant can't get anyone else to do it if you won't.
                                17-05-2022, 11:20 AM
                              • Reply to Resident landlord or AST?
                                by jpkeates
                                That does make a lot more sense.
                                Apologies for my misunderstanding and, correspondingly inappropriate, response.

                                If the occupant has signed a contract for some kind of fixed term, leaving early would put them in breach of that agreement and the landlord would be entitled to claim...
                                17-05-2022, 11:15 AM
                              • Resident landlord or AST?
                                by tenoutoftenant
                                Hello, I wondered if anyone experienced could please advise on this scenario:

                                A landlord lets out a self-containted attic room in a converted garage – which is separate and detached from their house – to a tenant. It has its own front door, so the tenant can only access the part of...
                                04-05-2022, 16:16 PM
                              • Reply to Fee
                                by jase222
                                I won’t but just wondered with the tenant fee ban , just hypothetical exercise!
                                17-05-2022, 10:38 AM
                              • Reply to Resident landlord or AST?
                                by tenoutoftenant
                                I'm with you on the tenant moving out, and have also suggested this.

                                I wouldn't say this is anything to do with a 'weird feeling of entitlement' though. Perhaps I misinterpreted your question when you asked if there were any practical problems with the arrangement, so apologies there. I...
                                17-05-2022, 10:24 AM
                              • Reply to Fee
                                by theartfullodger
                                Do the decent thing, honestly
                                17-05-2022, 10:13 AM
                              • Reply to evicting a DSS lodger, do I need a court order to do so?
                                by theartfullodger
                                Unless you are in Scotland...
                                17-05-2022, 10:10 AM
                              • evicting a DSS lodger, do I need a court order to do so?
                                by Amazin
                                she's been living with me for the past 2 years (we share the living space etc) but she keeps bring strangers back and stay here overnight on a regular basis. Having her living here is like having a couple. Before she moved in, she signed agreement that she need to ask my permission for having guests...
                                17-05-2022, 08:08 AM
                              Working...
                              X