AST Question

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    AST Question

    Hi Everyone

    I have a studio flat currently let to a LHA tenant, the initial 6 month AST expired on September 30th and I have not got round to renewing it. I have two questions:

    1. Can I back date a new AST?

    2. I want to sell the flat, how can I now have the tenant on an AST and give one months notice?

    Any help much appreciated.

    Regards


    Jason

    #2
    Do not backdate anything... do not issue new AST as that means no S21 can be valid before another 6 months..

    There is an entirely valid, legal, solid tenancy - it is a statutory periodic tenancy on same terms as earlier AST, but without any terms on notice carried forward.

    Tenant can give you 1 month notice, landlords must give at least 2 months... Issue an S21 notice - was there deposit, was it protected, can you prove you served "prescribed info"??

    Tenant does not have to leave when S21 expires, it does not end tenancy, it simply allows, on expiry, you the landlord to start legal proceedings...

    You don't live in the same building do you?? (If so might not be AST..)
    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...

    Comment


      #3
      Following on from theartfullodgers post, it is worth remembering that it can easily take 5 months to evict someone through the courts, your tenant has no statutory obligation to allow potential purchasers view their place. However, it is perfectly possible to sell with the tenant in situ - all that happens is the new owner becomes their landlord on the same terms.

      When the fixed term ended, the law gave your tenant a periodic tenancy and that tenancy remains valid until they surrender it, or you evict.

      Please answer artful's questions re the deposit.

      Comment


        #4
        Please accept my sincere apologies for not replying, I have not recieved any email alerts to this post therefore assumed
        no one had replied.

        Desposit has been protected as per the rules, it is a studio flat therefore I do not live with the tenant.

        Can I hand serve the section 21 at the weekend and/or before the date specified on the sec 21?, reason I ask is someone
        has said it needs to be served before 16:30 on the day it is dated, as I am at work I will be hand delivering it in the evening or at the weekend.

        I assume after the sec 21 expires in two months I can give him 1 months notice after that, I am selling but investors want to pay peanuts and/or especially newbie investors are afraid of housing someone on LHA. We will market the property to a first time buyer on the basis they will have vacant possesion.

        Thanks again for any help

        Jason

        Comment


          #5
          The section 21 is notice you are seeking possession. The tenant may move out on or before the last day on the notice, but if they don't you apply to court for a possession order to enforce the eviction and regain your property. If tenant does want to leave during the notice period, they should give you their own 1 month notice in return.

          You cannot just give the tenant 1 months notice. If you wish to take possession of the property, issue the Section 21 - do you know how to do this correctly, which dates you need to observe and which form to use? If you are delivering by hand, you need witness to prove you served the notice, otherwise tenant can deny receiving it, or claim it arrived too late to be valid. Far better to post first class with a free proof of posting - notice is deemed served on the tenant 2 working days later.

          Await the 2 month notice, then if the tenant is still there, take the next step by applying to court.

          There is no other way to end the tenancy unless the tenant gives notice he wishes to move, or agrees to sign a deed of surrender to end his right to reside there.

          Have you already mentioned to them that you want to sell? Tenant may prefer to go quietly and give their own 1 month notice, rather than have the uncertainty of how long before you sell, and prospect of viewings taking place. Faced with a Section 21 expiring end of November and possibility of eviction at Christmas, I know I would probably choose to go sooner rather than later!

          Comment


            #6
            Originally posted by Racoonbilly View Post
            .............

            Desposit has been protected as per the rules, it is a studio flat therefore I do not live with the tenant.

            .......

            .........

            Jason
            Thanks Jason... however can I please just double-check re. my earlier questions...
            can you prove you served "prescribed info"??
            ..&...

            You don't live in the same building do you?? (If so might not be AST..)
            a) I fully accept the deposit is protected, but can you prove you served the prescribed info??
            b) Yes I appreciate it is a studio flat & you don't live there with tenant: However are you in the same building?? & if so is it a conversion or purpose-built?? If conversion then, regardless of what the paperwork says, it ain't an AST & eviction is likely quicker & easier...
            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...

            Comment


              #7
              Yes, you can hand serve the notice, what is important is when it is served, and the expiry date.
              What date did the tenacy start, and do you have a copy of the agreement?
              Allow tenants to protect their own deposits. I want free money when they do it wrong

              Comment

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