3 month tenancy

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  • 3 month tenancy

    Can I write a 3 month tenancy . Using a assured shorthold agreement
    I have a tenant who I have agreed to rent a room for in a hmo .
    But since the verbal agreement . I have found this person to be quite rude . And therefore I am not sure if I ant them for 6 months. can give them a short let . They might turn out to be ok . I just need to know where I stand on a short let . Before i get her to sign an agreement Can anyone advise

  • #2
    Well, you can give him a short let of 3 months or any period you like - BUT
    You cannot evict him using section 21 until six months has elapsed from the date the AST took effect.

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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    • #3
      Originally posted by P.Pilcher View Post
      Well, you can give him a short let of 3 months or any period you like - BUT
      You cannot evict him using section 21 until six months has elapsed from the date the AST took effect.

      P.P.
      I agree, but with one rider.

      Have you (=markshoe) ever been the owner-occupier? If you have:
      i. serve a ground 1 Notice BEFORE the tenancy starts; then
      ii. grant an SAT for three months.

      That way, you will have rights equal to what a s.21 Notice would have given.
      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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      • #4
        3 month tenancy

        p pilcher
        Thanks for clearing that up for me
        Regards Mark

        Comment


        • #5
          Have you (=markshoe) ever been the owner-occupier? If you have:
          i. serve a ground 1 Notice BEFORE the tenancy starts; then
          ii. grant an SAT for three months.

          That way, you will have rights equal to what a s.21 Notice would have given

          Hello Jeffery
          I used to be the owner occupier before it was a hmo . but I know have a 4 bed hmo .Rented out to 3 tenants . The new 4th tenant moves in today . I will not live with the tenants
          So I can write them out a 3 month tenancy using assured shorthold agreement . But if they don't leave after 3 months . I have to wait to the 6 months is up before eviction can take place .

          Or issue them a ground 1 notice before the tenancy starts with a 3 month agreement . - But not being owner occupier will this still stand
          Regards Mark

          Comment


          • #6
            Originally posted by markshoe View Post
            Have you (=markshoe) ever been the owner-occupier? If you have:
            i. serve a ground 1 Notice BEFORE the tenancy starts; then
            ii. grant an SAT for three months.

            That way, you will have rights equal to what a s.21 Notice would have given

            Hello Jeffery
            I used to be the owner occupier before it was a hmo . but I know have a 4 bed hmo .Rented out to 3 tenants . The new 4th tenant moves in today . I will not live with the tenants
            So I can write them out a 3 month tenancy using assured shorthold agreement . But if they don't leave after 3 months . I have to wait to the 6 months is up before eviction can take place .

            Or issue them a ground 1 notice before the tenancy starts with a 3 month agreement . - But not being owner occupier will this still stand
            Regards Mark
            As a former owner-occupier, you can use g1 Notice. You don't have to be the o-o of the property immediately before the letting; just at some previous time.
            Notice under g1 + SAT is better for you than the risk that, after three months, your AST tenant will refuse to go.
            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


            • #7
              Originally posted by jeffrey View Post
              As a former owner-occupier, you can use g1 Notice. You don't have to be the o-o of the property immediately before the letting; just at some previous time.
              Notice under g1 + SAT is better for you than the risk that, after three months, your AST tenant will refuse to go.
              Hello Jeffrey
              Thanks for the answer. I have had my brother call the< nfrl>landlords association - and they have told him that you have to be living in the property to be able to issue a notice to quit . For a 3 months tenancy
              So I am not sure what is the correct advice . Are you sure that what you told me is right . Don't mean to be a pain . But I need to get this right

              Thanks Again Mark

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              • #8
                If this person hasn't signed an agreement yat, and you have doubts about him/her, why take the risk? I'd look for another tenant if I were you.

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                • #9
                  As a back up still issue a s21 but to end on the six month mark.You have to give 2 months notice with a s21 anyway

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                  • #10
                    Originally posted by markshoe View Post
                    Hello Jeffrey
                    Thanks for the answer. I have had my brother call the< nfrl>landlords association - and they have told him that you have to be living in the property to be able to issue a notice to quit . For a 3 months tenancy
                    So I am not sure what is the correct advice . Are you sure that what you told me is right . Don't mean to be a pain . But I need to get this right

                    Thanks Again Mark
                    No- I am right and NFRL is wrong.

                    Read ground 1. It requires only that "...at some time before the beginning of the tenancy the landlord who is seeking possession [or at least one of joint landlords] occupied the dwellinghouse as his only or principal home..." or that, even if not so, L requires property now to own-occupy.

                    L does not to reside there just before the letting. Anyway, "Notice to Quit" is irrelevant; we are dealing with a g1 Notice served before an SAT letting.
                    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

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