Assured Shorthold

[klee63]

I have a couple renting my flat on a shorthold tenancy agreement that i used from this website.

Residentual Landlord states that the AST only applies for 3years. What happenes after that? Does the tenancy argeement become a full assured tenancy and it is harder to get tenants to vacate the property if i needed to sell it on?

[Simon Dewsberry]

No just means that you should only use it for up to a 3 yrar period ...............?

Much better to resign a new ast every 12 mths as things may change ie your cicumstsnces or the tenants or the rules !>>>>>>>>>>>........!

Simon

[klee63]

I have given them a 12 mth contact and will keep renewing it up until the 3 yrs are up. Then what do i do.....?

Kev

[Simon Dewsberry]

What i meant was a 3 yr period in one "go"............!

you can just keep renewing it indefinately !!!(evry 6/12 mts etc)

If you keep them for 3 years you are doing well !

Simon

[J4L]

I think this site as any others 'suggest' a 3 year 'life' on AST's because as Simon mentions things can change.

I agree if you can keep them for the full 3 years you'll be doing well so hang onto them FOREVER if that's the case!!

Seriously just change it if you need to, after the one runs out now you can just let it run periodic if you want.

[wanderer1825]

If I remember correctly, 3 years is the most an AST can be for (correct me if I am wrong).

But I wouldn't offer one for that long, 6 or 12 months and then let it carry on into a periodic tenancy as J4L suggests. You don't actually have to do anything and the terms and conditions of the original agreement remain in force.

The advantage of letting it run into a periodic tenancy (If it can be regarded as an advantage) is that if either side wishes to end the tenancy, the landlord has to give only 2 months notice or the tenant 1 month.

Tony

[lauralivesartnouveau]

Hi

I NEVER ISSUE A 12 MONTH AST as this gives the tenant security of tenure for the full 12 months regardless of whether they pay the rent or not.

ALWAYS go for a SIX month AST as if things go wrong after the first couple of months you don’t have a year long battle with your BAD tenants.

It is really difficult to evict during the assured term you can only do this via a section 8 procedure with which you have to prove grounds and as it goes before a judge unless it is a mandatory ground (ie over 8 weeks or two months rent arrears) the ruling can go against the landlord.

Yours

Oliver

[GPEL]

Alternatively, issue a longer agreement with a break clause that allows recovery of the property after notice.

[klee63]

Thanks for your replies to this matter it is all very interesting on what you have to say on the AST issue. But also does a tenent have more rights if they are in a property more than 3 years?

Kev

[GPEL]

If they are in the property beyond 3 years under an AST, for example that may have gone periodic, they have no more rights.

[Molly's dad]

If I remember correctly, 3 years is the most an AST can be for (correct me if I am wrong).

You are right - 3 yrs less a day is the max an AST can be - after this it is a lease.

MD