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  • Legal FAQs

    Is the RLA giving incorrect advice?

    https://www.propertytribes.com/tenant-pl...#pid366998

    But I had spoken to the residential landlord association and the a representative spoke to me saying that even it shouldn’t an AST but since I have written an AST argeement so it has to be followed by AST rules.

    I've read the above comment regarding a resident landlord who has issued an AST instead of a common law tenancy. Is this advice correct? It seems to contradict my understanding of Schedule 1 of the Housing Act 1988 and the principles of Street v Mountford.

    Can an AST be valid for a tenancy that can not be assured?

    I understand an AST is the default arrangement, but can it override the actual arrangement?

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    If a tenancy does not comply with the Housing Act 1988 then issuing an AST agreement will not make it an AST.

    However, if the AST then says you will do specific things because it is trying to express the rules of an AST then you will be contractually bound to do those things.

    For example, non ASTs don't need to protect deposits but many AST agreements will state that the landlord will protect the deposit and so the landlord will then be contractually bound to do so. That's why you should not use the wrong agreement.

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    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.