Advice on producing my first joint AST agreement please.

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    Advice on producing my first joint AST agreement please.

    Hi all i am a new BTL landlord. I have 2 seperate tenants ready to move in. I am renting the rooms on an individual basis but am using a joint AST, is this ok to do? Im not using 2 seperate ASTs because it will conflict with the terms of my insurances and BTL mortgage.

    Is there any proformers online for a joint AST that i can use and edit or where else can i source one relevant for 2 seperate tenants for a 2 bed flat on a 6 month term.

    What happens also if one of the tenants is in breach of the AST would it affect the other tenant as they are on a joint agreement?

    Thanks again for all your assistance so far

    Rich

    #2
    So is your setup a HMO but your disguising that it's a HMO?
    "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

    What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

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      #3
      No, i have contacted the council and they have stated that a HMO is 3 seperate tenants not 2. So it doesnt fall under a HMO.

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        #4
        I would prefer to use 2 individual room only ASTs, which gives each tenant exclusive use of their bedroom and the other rooms are shared or common areas.Especially if the tenants do not know each other.

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          #5
          Two separate ASTs would also make the property an HMO for council tax purposes, make the landlord liable for CT.
          Just for that, it's a good idea to have a joint-tenancy instead if prospective tenants agree (no need to mention CT, if course).

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            #6
            Can we check - you don;t live in the same building???

            Joint AST for people with no connection is a recipie for disaster in so many ways..

            Your landlord association (eg NLA, RLA) have good exemplars & ALL THE OTHER forms you will need...

            Done any training in how to be a landlord ?? eg
            http://www.landlords.org.uk/advice-s...-accreditation

            - it will save you more time & money than it will take to do...

            Cheers!
            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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              #7
              I don't live at the address no. Just 2 tenants that have no connection and I am getting them to sign 1 joint AST.
              What problems could I face doing this?
              Also when would I be liable to pay the council tax?

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                #8
                In answer to your earlier question - yes they will become responsible for each other - including for payment rent. They will need to share all bills and be responsible for paying them if he other defaults. Also, you will not ave access to shared areas of the property as the whole place becomes for their exclusive use.
                IANAL (I am not a lawyer). Anything I say here is just an opinion, so should not be relied upon! Always check your facts with a professional who really knows their onions.

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                  #9
                  Thank you. Makes sense. But with notice I can gain access can't I? Although I don't really need to other than repairs etc.

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                    #10
                    Yes that's right. 24 hours notice. They may decline permission, but that's relatively rare.
                    IANAL (I am not a lawyer). Anything I say here is just an opinion, so should not be relied upon! Always check your facts with a professional who really knows their onions.

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