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Advice on tenancy over 6 months


Pulestr

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I have had a tenant in my property for almost a year now using two separate Assured shorthold tenancy for a fixed term of 6 months for each agreement. The tenant wants to renew soon but they want a 12 month Assured shorthold tenancy agreement. They are good tenants. I would like to know if

1.I can have a 12 month agreement ?

2.Would a 12 month agreement change my or their rights? If so how will things change?

3.Do I use the same agreement wording but with a fixed term of 12 months.

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Hi Roland,

I don't see a problem with having a 12 month agreement. The thing that you must remember is that the fixed term is for 12 months (rather than 6 months) so, unless you have a break clause in the tenancy agreement neither you or the tenant will be able to terminate in the ensuing12 months.

If the tenant stops paying their rent or breaches the tenancy agreement then you also need to make sure there is a clause (in the tenancy agreement) that allows you to start court proceedings under Section 8 of the Housing Act during the fixed 12 month term.

If the clause is missing then it will be impossibile, I think, to regain possession until after the 12 months have expired.

Mark

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Another thing to check is the mortgage terms and conditions. Mine all say no longer than 6 months, you can understand why, as if they need to reposess the property they may have to wait a long time.

Surely if clause in the agreement RE: Ground 2 of Part 1 of Schedule 2 of the Housing Act '88 is present then mortgage company can gain possession before end of fixed term?? I may well be wrong so if so would like to know!! thanks

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Another thing to check is the mortgage terms and conditions. Mine all say no longer than 6 months, you can understand why, as if they need to reposess the property they may have to wait a long time.

Thanks for the very appropriate advice as my mortgage does have such a clause in it.

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