Do I need to get my tenants to sign an AST?

speedtwin

You dont need a solicitor just a good agent and they will advice.

tbs624

xeena wrote: »

Just to clarify a couple of points, we've never intended to try to bypass any protection, I just don't want them gaining an MORE rights than they would under an AST.

Xeena - am not saying that you did intend to, just that you don't want to be in a situation where things were construed that way, so you need to protect yourself properly.

xeena wrote: »

I don't get your point about the utilities - I'm responsible for everything I can be responsible for (paying the TV licence, water, leccy, phone), but they get free Council Tax, so I don't need to sort that out for them. I don't think they have the nouse to deal with bills and I don't want any black marks going against my address, so I pay it, and add £130/month to their basic rent to cover the direct debits.

It wasn't clear (IMO) from your first posts who was paying what - I was reading the term "responsible for " as you covering the cost, if you see what I mean. How you structure the bills payment is up to you and your tenants to agree on but it's perhaps worth noting that any "black marks" for unpaid bills are against people's names rather than a property address.

xeena wrote: »

I'm a bit disappointed at the prospect of having to sort this out through a solicitor - I honestly thought it would be a lot more straightforward for that. Nevertheless, I do really appreciate your POV and I will do my best to look into and understand all the things which I should probably already know...

When an AST has effectively been allowed to arise as the default tenancy you need to cover yourself properly for any subsequent switch on to a formal agreement. It can be straightforward but its about safeguarding yourself as the LL , as well as being fair to your tenants. It's not that expensive to see a solicitor to go through the finer points (you can get a fixed fee appt) but the LL associations are also an invaluable source of information as they have legally qualified advisers & they can also help you with advice on the most tax efficient way to structure things.

speedtwin wrote: »

You dont need a solicitor just a good agent and they will advice.

Always interesting to read another opinion but anyone - yes that's anyone- can currently set up in business as a Letting Agent. Using the "services" of an LA will cost you the same if not more than seeing a solicitor/paralegal *but* many of them have no training or appropriate qualifications, no particular expertise and are often downright wrong in their interpretations of LL &T law (even some of those who sign up to voluntary Codes of Conduct have individual staff who get things wrong)

xeena

Thanks tbs, that's made things a lot clearer to me :blonde:

It's also given me a guilty conscience and a kick up the bum, so I will definitely get myself up to speed on this now - thank you for that