End of tenancy (student house)

Bennifred

Son is about to sign an AST agreement for a shared house for the period of 1 year (he is going into his 2nd year of Uni next month). The LA has told him that if they are good tenants, etc, etc they will be able to take out another 1 year AST at the end of the first one. My question is - if they do want to stay in the house, do they legally HAVE to sign a new AST agreement, or can they insist on going onto a periodic contract (if that's what it's called, lol!)? It would be advantageous to them if they can, as obviously at the end of their third year they probably won't want to be paying rent for months after their courses end...... (I can see why the LA would want them to commit to the 1yr AST agreement - but can he insist?)

princeofpounds

Firstly, it is not up to the LA to make any of these decisions. It is up to the LL. Usually LA act for LL's best interests, but sometimes they do not and tenancy renewal is often one of those (as they like to charge fees). So it is important to make sure if LA says no that LL is aware and in agreement that you should renew and, probably, pay fees.

Your son can move onto a statutory periodic tenancy and it continues as per the AST but he must give 1 months rental period notice and the LL 2 to terminate.

Now a student LL might be less willing to allow a periodic tenancy than normal as he obviously wants the opposite of your son, for the place to be rented as long as possible. He may well be aware your son is trying to cause him a void to save money.

Bennifred

Thanks for the reply!
I understand that the LL will not want a void period (although they seem to be happy when the tenants aren't actually present for the last couple of months of the tenancy!) Equally, the students don't want to be paying for a property they don't need at the end of their courses. They are already paying for a month before they actually need to be there at the start of the tenancy

But if the LL is happy with the way the AST has gone and the students want to stay, do the students HAVE to agree to the new AST (in the second year of tenancy) or can they insist on the statutory periodic tenancy? Or does the LL have the right to insist on the AST?

anselld

Bennifred wrote: »

But if the LL is happy with the way the AST has gone and the students want to stay, do the students HAVE to agree to the new AST (in the second year of tenancy) or can they insist on the statutory periodic tenancy? Or does the LL have the right to insist on the AST?

LL is not obliged to continue on periodic tenancy because he can serve notice to teminate the tenancy at the end of the current AST period provided sufficient notice is given. No grounds are necessary other than end of AST.

Possibly worse is that LL can give notice and evict at any time thereafter eg during the student year.

Why not ask for a ten month AST? My daughter is at Portsmouth and they insist the max AST LL can ask is 10 months.

Bennifred

Yes, a ten month AST would be ideal, and I know that in a lot of Uni towns it is the norm, but the LA (on the LL's behalf, presumably!) wouldn't agree. I don't think the Uni has any say?!

I guess it would be worth asking again towards the end of the tenancy, if it has been successful - saves them finding another 5 tenants, doing all the guarantor searches, etc. after all! Not holding breath, though!

Thanks for your input.

Geenie

Student letting is a different kettle of fish, often by LL's who just deal in this area, and often involves signing a 1 year contract, as what are they going to do with a place for 1 or 2 months?! Can't get other tenants in, as they may not move out when your son and friends require it!

Daughter has just signed on a place for 2nd year in Birmingham, and it has run from 1st July. So we are planning to make use of the pad and visit the Cotswolds over the "summer" :rolleyes: More likely to shelter in the Bullring by all accounts.

I would be very surprised if a LA lets it run into periodic, as renewing agreements is how they make money! Plus fellow students change, move around, fall out from one year to another, so what could be fine now wouldn't be next year.

JanCee

Standard practice for students is to offer a 12 month AST. If I was a student LL I would not agree to a periodic tenancy. If the students decide to give one months notice mid term the LL may struggle to let for the rest of the year, as most of the students would already have sorted their accommodation by then. Likewise how would the students feel if the LL gave them 2 months notice mid term and they all had to find new accommodation.

Bennifred

Thanks for the replies!:beer:

I guess it'll be another 12 month AST, then. And why am I thinking about what's going to happen in a year's time, anyway, lol?!

I hope you enjoy enjoy your Cotswolds visit, Geenie - it is lovely and green at the moment, lol!

Geenie

Bennifred wrote: »

Thanks for the replies!:beer:

I guess it'll be another 12 month AST, then. And why am I thinking about what's going to happen in a year's time, anyway, lol?!

I hope you enjoy enjoy your Cotswolds visit, Geenie - it is lovely and green at the moment, lol!

I know Bennifred. My poor mother has just come back today from a weeks holiday up there, waited all year, and then nearly drowned from the down pours! Good luck with your son, and take it from me, what he is signing up for is very normal with students. And a good learning curve.

tbs624

anselld wrote: »

LL is not obliged to continue on periodic tenancy because he can serve notice to teminate the tenancy at the end of the current AST period provided sufficient notice is given. No grounds are necessary other than end of AST.

Possibly worse is that LL can give notice and evict at any time thereafter eg during the student year.

Why not ask for a ten month AST? My daughter is at Portsmouth and they insist the max AST LL can ask is 10 months.

Unless the Uni has a very specific arrangement with LLs who want to go on the their accomms lists, I think most LLs would tell the Uni to "get real". LLs who let to student may advertise elsewhere and have no difficulty getting student Ts, and the Uni has no hold over how they conduct their lettings in terms of contract length. Many Uni-owned HoR are themselves the subject of agreements that run way past the official term dates.

With private accomms why would the LL want a property standing unoccupied, no rental income, increased insurance risks, clocking up Council Tax liabilities etc for 2 months each year? If you follow that argument through perhaps many working tenants who have to stay away for extended periods with their jobs would like their LL to offer a specially adapted tenancy agreement?

Bennifred - they can ask about going onto a statutory periodic agreement but they cannot demand it. If they don't already have the LLs name & address they should aks the LA for it - he *may* be willing to negotiate.

Most LLs of student properties will ,however, ensure that their tenants are given a properly timed S21 notice to concide with the summer contract expiry date and insist that a new AST gets signed for the following year.

Bennifred

tbs624 wrote: »

Unless the Uni has a very specific arrangement with LLs who want to go on the their accomms lists, I think most LLs would tell the Uni to "get real". LLs who let to student may advertise elsewhere and have no difficulty getting student Ts, and the Uni has no hold over how they conduct their lettings in terms of contract length. Many Uni-owned HoR are themselves the subject of agreements that run way past the official term dates.

With private accomms why would the LL want a property standing unoccupied, no rental income, increased insurance risks, clocking up Council Tax liabilities etc for 2 months each year? If you follow that argument through perhaps many working tenants who have to stay away for extended periods with their jobs would like their LL to offer a specially adapted tenancy agreement?

Bennifred - they can ask about going onto a statutory periodic agreement but they cannot demand it. If they don't already have the LLs name & address they should aks the LA for it - he *may* be willing to negotiate.

Most LLs of student properties will ,however, ensure that their tenants are given a properly timed S21 notice to concide with the summer contract expiry date and insist that a new AST gets signed for the following year.

Thanks, tbs624, that's exactly what I wanted to know.

Heading off shortly to take the first load of "stuff", meet LA at house, get keys, read meters, take photos etc. (Well - son is - I'm just the driver:rolleyes:) If the rain would just hold off, that would be helpful...........!!