Tenancy of tied cottage for agricultural worker

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    Tenancy of tied cottage for agricultural worker

    This concerns a new tenancy so it must fall under the Housing Act 1988. It is not intended that the tenancy will be an assured shorthold. Do I or do I not have to serve prior notice on the tenants that the tenancy is to be an AST? I know that sounds contradictory but read below.

    At the start of the form I am using, it said you could choose not to grant the tenant an AST. That's what I want - no AST. But at the end of the form it gives you two choices of prior AST notice to serve on the tenants - one for if the agri worker conditions are satisfied and one for if they are not. (They are) It doesn't say that you can just delete both, which is what I feel I want to do.

    #2
    Think it will be an Assured Agricultural Tenancy, similar but different to AST
    .

    So the tenant will satisfy all conditions?? See

    http://m.england.shelter.org.uk/get_...ural_tenancies
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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      #3
      Originally posted by theartfullodger View Post
      Think it will be an Assured Agricultural Tenancy, similar but different to AST
      .

      So the tenant will satisfy all conditions?? See

      http://m.england.shelter.org.uk/get_...ural_tenancies
      The tenant satisfies the conditions, as I said. So do I not have to give the prior notice that I mentioned?

      Comment


        #4
        If the relevant conditions are met then there are only two possibilities: an assured agricultural occupancy or an assured shorthold tenancy.

        If you do not want the tenancy to be an assured agricultural occupancy you must serve a “Landlord’s notice proposing an Assured Shorthold Tenancy where the tenancy meets the conditions for an Assured Agricultural Occupancy”. Form number 9 here: http://www.legislation.gov.uk/uksi/1...schedules/made

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          #5
          OK, Thank you.
          Actually the form which you gave the link to is for notice of changes to be made to the terms of a tenancy, not for the creation of one. But anyway I want it NOT to be an AST. I want it to be an assured agri occupancy. I think that means I serve no notice. The standard form I was using had a section with two types of notice of creation of AST and you had to choose one, but I think they were both for situations where you did want to grant an AST. I don't so I think I must use neither type of notice.

          Comment


            #6
            Originally posted by Fluffy View Post
            Actually the form which you gave the link to is for notice of changes to be made to the terms of a tenancy, not for the creation of one.
            You need to scroll down until you get to Form No. 9.

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