2 x asts @ same time

[humbug1s1k]

I have an elderly tenant who lives with his wife in a ground floor flat and the flat above is empty. The tenant has asked whether he can rent the empty flat as well so he doesnt have to deal with noise as he says its unbearable when people are walking around upstairs. Apart from the fact that he would have to deal with 2 lots of council tax can he legally have an AST on two properties at the same time?

[johnboy]

No because with a ast it has to be the main residence. But I suppose you could give him a common law tenancy for the upper flat or double the rent on the ground floor one on the understanding you wont rent out the upper one.

Also if it it left empty you can write to the council stating it is empty and unfurnished so no council tax is charged but I think the max lenght of time you can do that is 6 months.

[humbug1s1k]

Thx for the reply johnboy, forgive my ignorance but how do you go about setting up a common law tenancy, i presume it is just a case of setting up a similar contract but it wouldnt be bound by the same conditions as the ast?

[Snorkerz]

I would advise against 2 tenancies - on the basis that if you ever need to evict (heaven forbid) then you will have to do 2 eviction processes.

I'd go with the increased rent option - maybe not double, as there will be minimal wear & tear / maintainence costs on the 2nd property.

[jeffrey]

Thx for the reply johnboy, forgive my ignorance but how do you go about setting up a common law tenancy, i presume it is just a case of setting up a similar contract but it wouldnt be bound by the same conditions as the ast?

Yes. Any Letting Agreement can be used for an AST/SAT, if it contains the right clauses and the !988 Act does not disapply itself.