Is a General Tenancy Agreement (i.e. NOT Assured Shorthold Tenancy) a bad idea?

MissAdventure

Hi, so I was in the process of renting a bedsit (Basically, its in a house thats been converted to bedists, each one consisting of a big open plan room with bedroom and living room furniture, and kitchen area. There are shared Bathrooms, a room with a pay-to-use washer/drier, corridors, and a small overgrown garden. There are no communal 'social areas' as such.).

The agent sent me a sample tenancy agreement and its a "General Tenancy Agreement" instead of an Assured Shorthold Tenancy (AST), which I am more used to.

I've googled and the only circumstances that could apply to make a AST not necessary (that I can work out could apply) are if the landlord also lives there? Is this correct? I don't have a problem with that, but find it slightly odd the agent didn't mention it.

I have a fairly good handle on AST's (serial renter for the last decade!), so would be grateful if anyone could explain the difference with a non-assured agreement. Am I less protected under law with this type of agreement? Does it affect landlords rights as far as giving notice for entry etc. are concerned? Does the landlord still have to use a deposit scheme? Any other differences I should be aware of before signing?

theartfullodger

A bedsit in a conversion with the landlord living in the building MAY NOT be an AST. Even if the paperwork says it is an AST it isn't.

You will have limited protection against being evicted

MissAdventure

Well, in this case the paperwork is saying that it isn't an AST. I'm only guessing that the landlord lives there at the moment, I'll be asking the the agent.

Could you clarify on the eviction issue? The tenancy agreement states a that either the landlord or I can give a months notice to leave, is that valid, or are you saying he could kick me out with less notice?

olly300

MissAdventure wrote: »

Could you clarify on the eviction issue? The tenancy agreement states a that either the landlord or I can give a months notice to leave, is that valid, or are you saying he could kick me out with less notice?

If you are living with the landlord you are an excluded occupier.

According to Shelter if you have a written agreement the landlord cannot kick you out until the notice on that agreement is up i.e. the agreement is a contract.

Personally I would find out more about the living arrangements in terms of noise, mess, how long the house has been divided into bedsits and what the landlord actually does before moving in especially if you want to live there more than a year.

G_M

Essential you find out if the LL lives there.

If yes, you are a lodger/excluded occupier.

If no, you'll have an AST (whatever the document says).

This may well be an HMO and may require registration. How many floors? How many separate 'households' live there?

MissAdventure

olly300 wrote: »

Personally I would find out more about the living arrangements in terms of noise, mess, how long the house has been divided into bedsits and what the landlord actually does before moving in especially if you want to live there more than a year.

I'm not worried about mess, as the communal areas have a cleaner and we're not allowed to leave stuff in the hallways/bathrooms etc.

I don't know how you ever really judge the amount of noise you get in any block of flats or bedsits in advance. If noisy neighbours move in next door to a certain extent you just have to put up with it, over that you go down the reporting them as a nuisance route.

Not sure why when they became bedsits is relevant? Or what the landlord does??

MissAdventure

G_M wrote: »

This may well be an HMO and may require registration. How many floors? How many separate 'households' live there?

3 floors, eight bedsits, so I imagine it is an HMO.

G_M

MissAdventure wrote: »

3 floors, eight bedsits, so I imagine it is an HMO.

Then contact the council and check if it is registered as such.

MissAdventure

G_M wrote: »

Then contact the council and check if it is registered as such.

Will that affect the type of tenancy??

G_M

MissAdventure wrote: »

Will that affect the type of tenancy??

No.

Whether a tenancy is an AST or not depends on the circumstances, NOT on the title the landlord puts at the top of the document you sign. He can call it whatever he wants. If it complies with the terms of an AST, it will be an AST

So ignore the heading /description of the document, and focus on the terms.

However, if a property such as you describe is NOT registered as an HMO with the council, then:
1) you clearly have a LL who cuts corners/ ignores regulation and may do so in other areas too and
2) you have a strong bargaining position in any dispute, present of future, if you choose to use it, since the LL will probobly not want the council to come knocking on his door......

So far as notice is concerned. IF it is an AST, (whether or not it is descibed as ones) then there are rules governing notice which will over-rule any clause in the document (see Ending/Renewing an AST ). However if the LL lives there, and you are a lodger/excluded occupier, the AST rules will not apply and the terms of the document apply.