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Just wanted to know what are the main issues in your view of signing an AST for the duration of 1month.
The potential tenant is going over some refurbishments in his house.
Any advice of how to deal with this situation is welcome.
We've just done this. A foreign student HMO tenant of ours has her mother coming to visit for a month. Rather than pay out for a hotel at WAY more, and as it happened at the same time another tenant moved out with way less notice than she was meant to give, it worked for us to allow her to stay in the HMO.
Rather than leave ourselves open to all sorts of issues, we insisted that she sign a normal six month AST which we will end with a deed of surrender when she leaves. All other documents were issued as if it was a long term tenant, with the exception of a deposit which we didn't take. We already have a replacement in place for when she leaves.
We would rather be fully 'above board' even if it is a bit belt and braces.... Better safe than sorry!
Fine if works out tenant leaves after 1 month as agreed. Just need to bear in mind minimum term of an AST is 6 months.
I believe there isn’t a minimum term for an AST ?! Am i wrong ?
If it went to court for an eviction it is 6 months
What if the eviction is due to unpaid rent?
In the eyes of a court the AST is mine 6 months if you had to go to court.
You can have a 1 month AST. You can't issue a section 21 notice until 4 months into the tenancy (so enforceable at 6 months) but contrary to the claims of several people you can evict the tenant using a section 8 notice/court before 6 months.
If I do a short tenancy with someone moving in shortly after its end, then I ask them to sign a Notice To Quit after the tenancy has started and before I sign the tenancy agreement for the next tenant.
Minimum term in the eyes of the law is 6 month, so even if the dates equate to a month legally its a 6 month agreement.
Stephen Coles Dip RLPM
Coles Property Management
32 Lune Grove
Rubbish: You can have an AST for 1 day,1 week, 3 weeks, 1 month etc etc etc. Albeit most landlords/agents only do 6 & 12 month ASTs (entirely legal)
But, s21 cannot expire before 6 months from start.
£25 to an agreed charity if you can quote the law & section (currently in force) that you refer to when stating "" Minimum term in the eyes of the law is 6 month, """
""" But actually, you can grant a tenancy for as short or as long a period as you want. There is no law which says that your tenancy agreement HAS to give a particular period of time for the fixed term. """"
Best regards to all...
Thank you all for the help. It's appreciated.