am i protected by tennancy agreement

tbs624

clutton wrote: »

if memory serves me, you cannot grant an AST for 5 years.... i think, repeat think, 3 years is the maximum the law allows... which is why OP needs to take this to a property solicitor immediately ....

See post 7 above Clutton. No maximum. The 3 years probably sticks in your head because its at that point that the tenancy agreement must be executed as a deed.

I'd agree with you that the OP needs advice from a lawyer or Shelter. Artful's comments about choice of lawyer are worth noting

teeni

princeofpounds wrote: »

Whatever it is it's unlikely to be the normal form of rental contract, an AST, as from memory I think they can run for a maximum of 4 years. So it's probably an SAT I think from memory. Certainly it should have been done as a deed rather than a contract, I can't tell for sure if what you have qualifies as a deed without seeing it.

You should go to landlordzone forums. They have people who can answer this I know.

Assuming you hold a valid tenancy then any purchaser of the house has to abide by it. Makes it a very unattractive house to buy.

I think even if you get your way here you are going to lose a friendship.

if this is right will agree this will reduce the purchase price considerably especially if no break clause in it.

joerugby

This is yet another reminder not to do business with friends

jillyflower

sequence wrote: »

Why would anyone grant a lease for 5 years ?

We need more landlord like this

As I said they are friends of mine and are only selling thinking of selling because they need the money tied up in the property i rent.

jillyflower

theartfullodger wrote: »

a) Because the tenant wanted it - & maybe made an attractive offer dependent on 5 yrs
b) For (apparent) certainty of income..
c) (Just maybe..) there might be some legal reason - can't imagine it happening, but if property were owned by a trust required to rent for a minimum of 5 years..

However, what I always say to tenants is.. 6 months to start as fixed-term: (Maybe 12 months but I prefer not). If you are then happy with the place & I as Landlord am happy with you as tenants you can stay as long as you like (an AST can, AFAIK, keep rolling on as a periodic tenancy for ever). However, Mr prospective Tenant, you don't know if you will really be happy here (neighbours, location, better offer elsewhere, job move, family crisis) and I don't yet know if you'll be the wonderful tenant almost all tenants appear to be when you first show them round..

And, do you really really really want to be committed to not being able to give notice before 5 years time and paying the rent for 5 years?? It's gonna cost you if you change your mind!

Cheers!

Lodger

Because the landlord is a friend of many years I have the option to move anytime i want with a reasonable amount of notice. It is only the rent that is guaranteed to remain the same for 5 years

jillyflower

joerugby wrote: »

This is yet another reminder not to do business with friends

Not really, without this friend I would have been living on the streets now and even if i do have to leave this house the council will now rehouse me (it's a long story as to why they wouldn't rehouse me before) Not that I want to leave my home.