Izzywhizz Posted January 15, 2013 Report Share Posted January 15, 2013 I have rented my house out to family. I put an Assured Shorthold Tenancy Agreement in place but at the time everything was rosy and I stupidly thought that I would never have to sell my house. With that thought in mind i didn't put a fixed term on the agreement, instead it shows as ongoing from the date they moved in.... Now i know i need a section 21 but im now unsure if the agreement is classed as fixed term or periodic... any help would be appreciated before i go and face them armed with wrong info as im 99% sure i will have a fight on my hands. I don't want to sell it with my family in situ as they don't pay anything near what they should for interested parties to see the house would be a good prospect for them. Thanks Link to comment Share on other sites More sharing options...
Grampa Posted January 15, 2013 Report Share Posted January 15, 2013 Well as a AST can only be for 2 years unless drawn up as a deed, if they have been there longer I would think you could safely assume it is now periodic. I would also take a punt and say a court would class it as periodic after 12 months, 6 months could be questionable. I would also suggest you use a generic s21 that can be used for either fixed term or periodic tenancies. Link to comment Share on other sites More sharing options...
Izzywhizz Posted January 15, 2013 Author Report Share Posted January 15, 2013 That is the best answer I could have wished for. I have found a generic s21 also, thank you. Link to comment Share on other sites More sharing options...
Grampa Posted January 15, 2013 Report Share Posted January 15, 2013 I think it is is 3 years not 2. Link to comment Share on other sites More sharing options...
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