Long term tenancy/lease

neverdespairgirl

We are in the middle of a 3 year AST.

It's a standard AST, in that the LL is still liable for maintaining the place, gas certs, etc. Rent increases were written in at the start.

In practice, we said we'd sort out minor stuff (such as arranging the gas cert) and we've done that. We've had security, the LL has had a defininte rent coming in and less hassle than with a normal let. Everyone's happy.

We have a break clause, the LL doesn't.

Notlob

N79 wrote: »

You either have an AST for a short period (at most 3 years) or you have an indefinate tenancy with inheritance rights. LLs always have the repairing obligations. The law has been set up this way and there is no way around it. If you go for a longer lease such as a leasehold property then T has many rights about extending the lease indefinately as well.

Me thinks not. There is no maximum term for an AST and as far as I am aware, landlord's repairing obligations diminish if term is more than 7 years.

N79 wrote: »

You could ask the LL to sign an assured tenancy of indefinate duration though. If they really do not care about the house then they may be willing to sign - even though it would be a fairly silly move on their part as it will halve the value of the house. You could point out to him that he could serve notice under S20 at the start of the tenancy which would allow him evict you if he or a member of his immediate family wishes to move in (as opposed to your current assured shorthold tenancy where the LL can evict the T without reason using the S21 procedure).

With a bit of luck they will lose the S20 paperwork in a few years giving you a completely secure tenancy!

I am trying to think why anyone would use a section 20 these days as they were made redundant when the housing act was amended in 1996.

Notlob

N79

Notlob wrote: »

Me thinks not. There is no maximum term for an AST and as far as I am aware, landlord's repairing obligations diminish if term is more than 7 years.

Correct, although I think an AST of over 3 years would not be executed as a agreement but as a deed? (This could be wrong as well) I therefore tend to think of the 3 years as the maximum length but you are quite right - this is a restriction only in my mind.

You are also quite correct that the over 7 years agreement deminishes repairing obligations.

OP This is probably a much easier route.

elljay

N79 wrote: »

Correct, although I think an AST of over 3 years would not be executed as a agreement but as a deed? (This could be wrong as well) I therefore tend to think of the 3 years as the maximum length but you are quite right - this is a restriction only in my mind.

You are also quite correct that the over 7 years agreement deminishes repairing obligations.

OP This is probably a much easier route.

Thanks. So you're saying I should ask for a new 7 yrs agreement or even 10? Having already been here for 7 yrs I wish I'd known about this at the beginning. Would there have to be a specific form to do this? Or even a form of words?

Liz