Very short AST letting- six months or less?

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    Very short AST letting- six months or less?

    has anything happened about the legislation that was due to make shorter leases possible? We are soon to complete on a house that our daughter will need to rent back from us in September, but we want to consider filling the gap with a short let through an agency. Fitting in a 6 month-er is likely to be a bit too tight. Are shorter lets permitted/offered?

    #2
    You can certainly grant an AST for a shorter let than 6 months BUT you can't commence court action to reclaim your property under the accelerated procedure (section 21) until the 6 months is up should this be necessary.

    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.

    Comment


      #3
      Purchase then very short let back to vendor?

      Hi All,

      I am in the process of completing on a new investment property however the current owner would like to rent it from me for a couple of months whilst he gets his new house decorated etc. We have agreed the cost etc but I am struggling to know what tennancy agreement to give the the person as the term is likely to be for two - three months I understand that an AST is only for six months?

      What sort of agreement can I put in place here to protect myself and the tennant?

      Thanks for your help

      Stuart

      Comment


        #4
        AST length

        Hi, you will need a six-month AST as this is the legal minimum for this type of tenancy. However, you could put a breakclause in the AST requiring one month's notice from the tenant to terminate the agreement early.

        Not sure if this is valid - anyone else? Paula

        Comment


          #5
          You can use an AST still and just agree to terminate early. Legally though you will not be able to force the tenant to leave until after the six months have expired and then through the courts only.

          Comment


            #6
            You can have one for a week/month only if you want!!!

            Here we go again! Zoe's partly right in that the landlord can't begin court proceedings to repossess a property until after 6 months have elapsed BUT Paula needs to thumb through Smith & Evans or another good lettings book soon.

            I will put this in UPPER CASE, LARGE TYPE and DEEP RED and underline it so you can commit it to memory:

            THERE IS NO MINIMUM TERM FOR AN AST
            The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

            Comment


              #7
              Short term rentals - contract?

              Hi there,

              I have a student property that has a vacant room. This room has a student signed up from 1st Sept 2005.

              I also have a student interested in the room now, for the next 2-3 months.

              The questions are:

              1) What is the most appropriate tenancy agreement for this short period(Holiday let, license etc) (obviously NOT an AST!)

              2) Where can I get one online (for free, ideally, but failing that for a reasonable amount)

              3) What are the legal implications of a tenant not wanting to move out at the end of the tenancy agreement period? How will I be able to get the tenant out?

              All help is appreciated.
              Liability statement. My liability to you is not to exceed the amount you are paying for my recommendations or advice.

              I see a bright new future, where chickens can cross the road with no fear of having their motives questioned

              Comment


                #8
                Originally posted by Wickerman
                Hi there,

                I have a student property that has a vacant room. This room has a student signed up from 1st Sept 2005.

                I also have a student interested in the room now, for the next 2-3 months.

                The questions are:

                1) What is the most appropriate tenancy agreement for this short period(Holiday let, license etc) (obviously NOT an AST!) Sorry! It must be an AST.

                2) Where can I get one online (for free, ideally, but failing that for a reasonable amount)If you're patient enough, and are preapred to trawl a search engine you will find them. Most will be in word or html format, but if any are in pdf, save it in Acrobat, download a demo version of a pdf to html converter (or if you have Word 2000, ME etc. then there's a free programme), open the file in the converter programme, select it, and drag it into wordpad (not Word as it doesn't work). Make sure you don't infringe any copyrights!

                3) What are the legal implications of a tenant not wanting to move out at the end of the tenancy agreement period? How will I be able to get the tenant out? You won't be able to evict for 6 months from the commencement!!!!

                All help is appreciated.
                So not much of a solution!
                The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                Comment


                  #9
                  It's not a case of what you think you are creating, or what you want to create, it's what you are actually doing so in law that counts.
                  The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                  Comment


                    #10
                    Very short-term lettings: status/requirements?

                    Hi
                    As i am aware of, a 6 months Ast contract is already a kind of short let agreement, but what about the three months one ?
                    Is that legally accepted ?

                    Also please i would like to ask about the notice to "end the tenancy".
                    We all know that normally a landlord must give two months notice to end the tenancy if the rent is paid monthly with one month deposit; What about if the rent is paid weekly or every 15 days ...
                    Do I still have to give two months notice ?

                    My question arise from the fact that i might be selling the property in 5/6 months time, therefore at the moment i would like the new tenants to sign the Ast for three months only. On top of that, to make sure that they will leave at the right time, i will make them sign the Section 21 which i will serve at the right time;
                    ie : "3 months contract" signed on the 6th of december, expiring the 6th of march, section 21 served the 6th of January ( two months before with 6 months Ast) but obviously it all changes if the rent is paid weekly, therefore the end of tenancy can be signed by the tenant one month before only ?

                    Well, that's just an idea and as i said i am not sure if i can do that.
                    Any suggestions please ?

                    Comment


                      #11
                      You can have a 3months fixed term for an AST, but you cannot evict with Section 21 until at least 6 months, and so if the tenants choose not to leave but pay you rent, you can do nothing until after 6 months.

                      Thje notice periods do change with different rent periods, but I am not the person to tell you about that I'm afraid!
                      Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

                      Comment


                        #12
                        Hi Mr Shed

                        So better not to rent the property out at all ?
                        I might sell the house in 5/6 months time, how can i make sure they'll leave at the right time ?

                        Comment


                          #13
                          I would have a 3 months AST, but serve a section 21 now to expire at the end of 6 months....if you are going to be selling in about 5 months time, then as long as you get a tenant ASAP, then a month isn't all that long, plus about 2 weeks to get them out if they resist eviction - could be longer I forget. Just sell the house on the basis that completion cannot be confirmed until the tenants leave....or sell the house with the tenants?
                          Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

                          Comment


                            #14
                            "What about if the rent is paid weekly or every 15 days ..."

                            8 Weeks

                            "3 months contract" signed on the 6th of December, expiring the 6th of march, section 21 served the 6th of January ( two months before with 6 months Ast)"

                            Even if you could get an eviction after 3 months (which you cant) that notice would be served too late to be valid [search Paul_f Question time S.21 for why]

                            Comment


                              #15
                              Letting for very short term (less than six months)

                              Have sold the 1st Hmo property 3 days ago, complete with all fire doors, alarms, proper ventilation and fire blankets....
                              The tenants were given 1 month notice as their contract were all expired after 6 months>.

                              I am about to sell another property, (at the moment empty) and meanwhile to cover part of the mortgage till it sells, i would like to put two or three tenants in the property, with short let contract or with no contract at all.
                              Can i do this legally ? Two potential tenants have already approached me and i clearly told them that the house is going to be sold and they do not mind.>

                              How would it be considered this type of tenancy ? Just an invitation for the tenants to stay in the house until I get the communication from the estate agent that the buyer has exchanged and we are going towards completion, therefore giving one month notice again and expecting the tenants to move whitin a month ?
                              If no contract is given and the tenants agree, are we not tied by the landlord and tenancy law ?
                              These people don't seem to be too much concerned about laws ; They are australian and american who are just doing courses and studies in London for a couple of months.

                              I appreciate you opinion on this please ...

                              Comment

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