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  • Rent-to-Rent

    AST or licence - what do I need?

    Evening everyone

    thanks for taking your time to look at my post.

    I have some potential deals in the pipeline for Rent-to-Rent however I am struggling to find exactly what agreements I will need in place both for the landlord and my tenants.

    Also what information do I need in the agreements?

    I'm also under the impression not to give AST to tenants but licences as this will allow me to enter the property at anytime and there room?

    If anyone could please possible help me with this or if anyone has an agreement they are happy to share with me this would be highly appreciated.

    Kind Regards

    Ashley

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    Ashley

    Don't know where you have seen the concept of "Licence" but I suspect its not from any professionally qualified lawyer. Even though people might suggest you call it a "Licence" courts will see it as an AST.

    You are not allowed to enter rooms you are renting under the Law irrespective of what you might attempt to call your agreement.

    I suggest you search the forum for "Licence" and the comments of David Smith -  its been discussed a few times.

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    Sorry forgot to say have a look at Street v Mountford

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    There are several rental situations where a licence is correct and an AST is invalid. This is dictated by the letting arrangement and is not a matter of choice between the landlord and the occupier(s).

    https://www.landlordlawblog.co.uk/2013/0...a-license/

    As Street vs Mountford has been quoted, also look up AG Securities vs Vaughan where the court held that the licence was valid.

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    Hi

    We sale Contracts, bespoke to Rent to Rent.  Please contact 0333 321 9415.


    regards

    Paul

    Landlord Action

    Regulated by Solicitors Regulation Authority

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    Founder of Landlord Action and Brand Ambassador for Hamilton Fraser

    Thanks for all posts.

    i have seen the licence on another website from a professional RENT2RENT investors but yes unsure what to make of it. The paragraph readA:

    A key tactic used by rent-to-rent investors is to issue tenants with a licence rather than a conventional assured shorthold tenancy (AST). Under a licence agreement, which is more usual when a homeowner lets a room to a lodger, the landlord or agent can access the property whenever they want – something an AST doesn't allow.

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    Oh dear! That "tactic" is exactly what creates an invalid licence. I suggest you disregard comments on that site and read some more comments on PT. If you are still unsure pay for qualified advice from a property solicitor.

    Have you read the link I posted earlier? Tessa Shepperson is a qualified and respected legal expert and clearly explains when a licence is valid.

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