Which Tenancy Agreement do I need?

[steve_01]

I live in a Victorian house which was converted into individual flats in accordance with Building Control (I guess) in 1983. There are 9 flats in total and I own two of them. I want to let one of the flats.

Which Tenancy Agreement do I need bearing in mind that I am living in one of the flats in the building e.g. Assured Shorthold, etc?

Thanks

[Mortitia]

The standard AST should do. Living in the building makes no difference.

Mortitia

[steve_01]

The standard AST should do. Living in the building makes no difference.

Mortitia

Hi Mortitia,

Thanks for your reply. I was hoping it would be an AST. But I questioned it because of the following quoted in http://www.communities.gov.uk/documents/ho.../pdf/138286.pdf

If you grant a tenancy but are a "resident landlord", then the tenancy will not be

an assured or shorthold tenancy. This rule generally applies to converted houses.

So if your only or main home is a flat in a building which has been converted into

flats and you then let another flat in that same building, the arrangement will not

be an assured or shorthold tenancy. You do not need to share any

accommodation with the occupier to be held to be a resident landlord. It is

enough that you live in the same building.

I am confused.

[Mortitia]

Interesting.... who is the author, when was it written and do they suggest what type of tenancy should proposed? The AST has been the industry standard since the early 1980's - could this have been written before then?

Anyone out there rent out and live in the same building? Let us know.

Mortitia

[steve_01]

Interesting.... who is the author, when was it written and do they suggest what type of tenancy should proposed? The AST has been the industry standard since the early 1980's - could this have been written before then?

Anyone out there rent out and live in the same building? Let us know.

Mortitia

Thanks Mortitia

Author is not mentioned but I got it from a UK government website. And it does seem up-to-date. You can also access it using the link I provided in the initial post.

There are other tenants in the building (i.e. other flat owners are letting their flats). Basically all the owners in the building have a share of freehold. The building, originally a Victorian House was converted into individual flats in the 1980s. There are 10 flats in the building. Since I own two I have 2 shares. I haven't asked other owners how they are letting as who knows if they are following the correct procedure or not. What's getting me is whether my flat is now considered as purpose built or a conversion. However I can't see how it should make a difference.

Here's some further info I extracted from that document:

"You should read this booklet if you are letting (or

thinking of letting) part of your only or main home.

In law, a resident landlord letting is one where the

landlord and the person he or she lets to live in the

same building. This includes conversions where they

live in different parts of the same property (however

long ago it was converted).

However, if

• the property is split into purpose built flats, with

landlord and occupier in different flats, or

• you do not live in the same property as the

person you let to

you should instead read the booklet Assured and

Assured Shorthold tenancies – a guide for landlords

if the letting began on or after 15 January 1989; or

Regulated Tenancies if it began before this date."

Why do they make it so confusing!

[Mortitia]

By the sound of it you are living in a conversion but that should not affect the AST.

I own a flat and 25% in a shared freehold and we all use AST's when letting . Never had any problems and 2 use a very large company of agents.

Since when has the government known much about letting one could ask?

Mortitia

[steve_01]

By the sound of it you are living in a conversion but that should not affect the AST.

I own a flat and 25% in a shared freehold and we all use AST's when letting . Never had any problems and 2 use a very large company of agents.

Since when has the government known much about letting one could ask?

Mortitia

Thank you very much Mortitia, that helps. Have a good weekend.

[GPEL]

Technically, this isn't always as clear cut as it may seem and strictly speaking it might be viewed as a landlord in residence subject to factors that may not be immediately obvious such as use of shared facilities, access to gardens areas, means of entry and so on. Ultimately, it would be for a judge to decide later if it was to become an issue. It would however be wrong to automatically assume an AST is the correct agreement as the tenancy may not fall under the housing act. In this case a contractual tenancy would be more suitable. Notwithstanding all this, in reality, you are probably pretty safe using an AST as the chances of it coming back and biting are usually pretty low but there have been cases where judges have split hairs and thrown claims out because it was based on the wrong agreement being used.

[steve_01]

Technically, this isn't always as clear cut as it may seem and strictly speaking it might be viewed as a landlord in residence subject to factors that may not be immediately obvious such as use of shared facilities, access to gardens areas, means of entry and so on. Ultimately, it would be for a judge to decide later if it was to become an issue. It would however be wrong to automatically assume an AST is the correct agreement as the tenancy may not fall under the housing act. In this case a contractual tenancy would be more suitable. Notwithstanding all this, in reality, you are probably pretty safe using an AST as the chances of it coming back and biting are usually pretty low but there have been cases where judges have split hairs and thrown claims out because it was based on the wrong agreement being used.

Thank you very much for your advice GPEL. I agree with everything you have said. Apart from the entrance to the building nothing else is shared. In any case I am not going to be living in the property for much longer so I'll go with the AST.