AST for 5 month- right to stay 6 month?

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  • AST for 5 month- right to stay 6 month?

    We sold our house, the buyer ask us to move out, we did, he pulled out....ok..we know it was stupid...

    A letting agent told us he has tenants who like to rent our house for 3 months. (waiting for their house being ready)
    It was fine with us, because we decide anyway to move back after our 6 months tenancy is over.
    Now we get the copy of the AST and there is mentions a rental term over 5 months, signed by the tenants and LA

    Can he still stay for 6 months or is the contract binding (5 months)?

    Sam

  • #2
    Originally posted by Sam4u View Post
    We sold our house, the buyer ask us to move out, we did, he pulled out....ok..we know it was stupid...

    A letting agent told us he has tenants who like to rent our house for 3 months. (waiting for their house being ready)
    It was fine with us, because we decide anyway to move back after our 6 months tenancy is over.
    Now we get the copy of the AST and there is mentions a rental term over 5 months, signed by the tenants and LA

    Can he still stay for 6 months or is the contract binding (5 months)?

    Sam
    The AST term of five months is fine. It's just that you as L cannot obtain (under the s.21 procedure) a possession order taking effect within SIX months of tenancy commencement- see s.21(5).
    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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    • #3
      Sorry, can you explain what exactly its means in plain English?
      I am not blond, but german and my British husband is just not available.
      So really I have no idea what this means for us.
      If they move out after 5 months, can we immediatly move in?
      Thanks for your patience
      Sam

      Comment


      • #4
        Originally posted by Sam4u View Post
        Sorry, can you explain what exactly its means in plain English?
        I am not blond, but german and my British husband is just not available.
        So really I have no idea what this means for us.
        If they move out after 5 months, can we immediatly move in?
        Thanks for your patience
        Sam
        If they move out after 5 months, can we immediatly move in?

        Yes, absolutely.

        The problem only occurs if they DON'T move out after 5 months. If they don't, then you might have a delay before you can start eviction proceedings.

        If they decide to take it for 5 months and then agree with you that they will move after 3, then that's fine too.

        It is also an idea (thanks Jeffrey!) that you issue a SAT rather than an AST, as long as you make it plain that the property is your main home and you will be moving back in. There is a specific notice you need to give them BEFORE the tenancy begins, but if you look for SAT in this area of the forum you should be able to find the thread.

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        • #5
          ...that is what we like to hear...
          For a SAT its to late, because they moved already in and the Letting Agent
          did everything wrong, what could go wrong, but this is another Story.
          Thanks a lot
          Sam

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