How to grant an assured tenancy?

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    How to grant an assured tenancy?

    A family member of mine would like to grant an assured tenancy instead of an AST to another relative.

    Which would be the best way to go about this and are there any pitfalls that they should watch out for? Is there a good template tenancy that could be recommended?

    #2
    Originally posted by Tumbleweed View Post
    A family member of mine would like to grant an assured tenancy instead of an AST to another relative.

    Which would be the best way to go about this and are there any pitfalls that they should watch out for? Is there a good template tenancy that could be recommended?
    I guess that you mean a Standard Assured Tenancy, still within the Housing Act 1988 but not being an AST.
    Look at Schedule 2A to the Act. It explains various ways to achieve this aim. I consider the tidiest way to be basing the Letting Agreement on an AST version, BUT:
    a. removing all its references to "Assured Shorthold" and to s.21; whilst
    b. inserting a new clause stating that the letting is indeed an SAT.
    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).

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      #3
      Originally posted by jeffrey View Post
      b. inserting a new clause stating that the letting is indeed an SAT.
      Or, to comply strictly with paragraph 3 of Schedule 2A, a statement that the tenancy is not an assured shorthold tenancy.

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        #4
        Thank you for the replies, as the contract allows security of tenure, is it also wise to insert a rent increase clause? Could you help with the wording of this?

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          #5
          Depending on the fixed term of the agreement a rent review clause should be inserted. The clause will need to specify how you as LL can trigger the rent review, and once a figure is decided how it is communicated to T. The clause should also dictate when the new rent commences.
          PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

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            #6
            Rent reviews are best drafted by lawyers. If you do not want to pay a lawyer consult a a book of precedents in your local reference library, but make sure you choose the right precedent. Do not use a precedent you have found online unless it is supplied by a recognised law publisher.

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              #7
              Originally posted by Tumbleweed View Post
              A family member of mine would like to grant an assured tenancy instead of an AST to another relative.

              Which would be the best way to go about this and are there any pitfalls that they should watch out for?
              I strongly recommend that the family member consults a specialist landlord and tenant solicitor, both to draft the contract and to advise them on the implications of granting an assured tenancy.

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