Extended & shorter leases

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    Extended & shorter leases

    Hi

    I have a property and the tenants want to move out about two weeks after the original (Shorthold Tenancy) 12 month lease expires in early July. In theory I have no problem with this but I have two questions

    1. What do I need to put in writing to ensure that the new date is observed by both parties.
    2. When I word the lease for new tenants I may want it to run for less/more than a full year (e.g. 48-50 weeks or 13 months) so that the new tenancy does not end during school holidays (when my wife is not available to help out). Are there any obvious problems with this?

    Many thanks.

    #2
    1. Assuming that you have not already done so, serve a s.21(1)(b) Notice NOW. When the fixed term expires, a Statutory Periodic Tenancy will arise. The rent continues to run- no change- and no new documentation is needed.
    Two months after your Notice is served, you'll have power (but no obligation) to begin possession proceedings.

    2. No. An AST can be for any length at all, no matter how short or how long**.

    **- but there are extra requirements for a Letting Agreement that creates a term > 3yrs.
    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


      #3
      Thank you.

      Comment


        #4
        Originally posted by JustNod View Post
        Hi

        I have a property and the tenants want to move out about two weeks after the original (Shorthold Tenancy) 12 month lease expires in early July. In theory I have no problem with this but I have two questions

        1. What do I need to put in writing to ensure that the new date is observed by both parties.
        You can presumably ensure that you observe the agreement, but nothing will guarantee that T moves out on the agreed date. You can only evict the T by obtaining and enforcing a possession order.

        2. When I word the lease for new tenants I may want it to run for less/more than a full year (e.g. 48-50 weeks or 13 months) so that the new tenancy does not end during school holidays (when my wife is not available to help out). Are there any obvious problems with this?
        The term can be any length and expresed as weeks or months. However, you will avoid potential confusion if the term is expressed in the same time periods as the frequency of rent, e.g. fixed term of 13 months with rent payable monthly, or fixed term of 48 weeks with rent payable weekly* - NOT fixed term of 13 months with rent payable four weekly.

        Also best to express the term as "13 months commencing 12th January 2011" - NOT "13 months commencing 12th January 2011 up to and including [end date]" as quite often the end date is incorrectly calculated and this can also cause confusion, because you end up with conflicting lengths of term; e.g. on the one hand it says 13 months, but the end date makes it 12 months.

        *if payable weekly, you must provide a rent book.

        Comment


          #5
          Thank you also!

          Comment

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