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MInium term for tenancy

2

Comments

  • Yorkie1
    Yorkie1 Posts: 12,250 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Firstly you need an Assured Shorthold Tenancy agreement.

    You can put whatever duration of tenancy you want.

    I think it will roll over onto a periodic after the expiry of that duration.

    BUT, irrespective of the length you insert into the tenancy, if the tenant does not choose to leave at the end of that duration, you CANNOT evict them until 6 months have passed.
  • v6wrx
    v6wrx Posts: 19 Forumite
    tbs624 wrote: »
    On a related issue OP - have you sought (and obtained) your Lender's Consent to Let, assuming that you have bought the property on a residential mortgage? Thought about LL insurance?

    Have you done any research at all into property letting? If you have then you'll know about gas safety certs, fire retardant furnishings, tenancy deposit schemes, declaring your rental income to HMRC and so on.

    Yes spoke to my lender they wil give me permission to sublet, gas Certs not a problem, will be a empty property, familiar with dps scheme with regards to bonds, done a few quotes for Ll insurance.
  • v6wrx
    v6wrx Posts: 19 Forumite
    Yorkie1 wrote: »
    Firstly you need an Assured Shorthold Tenancy agreement.

    You can put whatever duration of tenancy you want.

    I think it will roll over onto a periodic after the expiry of that duration.

    BUT, irrespective of the length you insert into the tenancy, if the tenant does not choose to leave at the end of that duration, you CANNOT evict them until 6 months have passed.

    Yes I understand I cannot evict them intill six months but what about the rent surley they must pay that?
  • Yorkie1
    Yorkie1 Posts: 12,250 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Yes, of course.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    You do appear to have a number of serious gaps in your understanding, which is a concern.

    Though I am pleased you have sorted gas safety, lenders permission etc.

    This post may help.
    but do landlords really use the courts to evict tenants?
    Yes - if the tenant does not leave when asked.
    I have a assured tenancy form now so on the section term would I just put
    one month?
    If that is what you want, then yes! I hope what you have is an AST, not an 'Assured Tenancy' Where did you get it? Is it a decent one? Does it meet your needs?

    Have you joined a landlords association?
  • v6wrx
    v6wrx Posts: 19 Forumite
    I havent joined a landlord association as yet, which one is best?
  • Werdnal
    Werdnal Posts: 3,780 Forumite
    Part of the Furniture Combo Breaker
    edited 2 November 2012 at 10:33PM
    OP, you have much to learn.

    You have many laws to comply with.

    You have agreement from mortgage company, but do you have it in writing with a breakdown of what they will actually charge you for consent?

    You have to comply with Housing and Tenancy laws.

    You need to select your tenants carefully, credit check and reference them and take a deposit.

    You need to lodge this deposit in a govenment scheme and provide the full prescribed information within 30 days - otherwise tenant can fine you up to 3x the deposit amount.

    Your tenant may indeed stop paying rent - read a few threads here and see how bad it can get. You cannot evict them on rent arrears ground unless they owe atleast 2 months, and even then, this requires a court case.

    Your tenant may refuse to leave and there is nothing you can do about it other than go to court AFTER 6 months from the start of the tenancy.

    You have to declare your rental income for tax.

    You risk losing a lot more money than you will actually make in a couple of months rent.

    Do you really understand your legal obligations of becoming a landlord?

    Read this:

    http://forums.moneysavingexpert.com/showpost.php?p=41160642&postcount=12

    Do you really want to do this?

    TBH, for such a short let, taking into account all the hassle, costs, pitfalls, permission from mortgage, change of insurance, tax issues, etc, it isn't worth it!
  • cwcw
    cwcw Posts: 928 Forumite
    v6wrx wrote: »
    The reason why I need a minium tenancy agreement is that I have been asked to work away and don't now when the works will end so is there a agreement that I can just give there two months notice in when I need my property back. I don't fancy signing a six months let when I only work away for three months.

    If your employer expects you to drop everything, put your life on hold, and leave your home, friends and family indefinitely, perhaps they should be worrying about compensating you sufficiently such that you do not need to worry about renting your house at on a questionable basis for a bit of cash?
  • Annisele
    Annisele Posts: 4,835 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    v6wrx wrote: »
    Yes spoke to my lender they wil give me permission to sublet, gas Certs not a problem, will be a empty property, familiar with dps scheme with regards to bonds, done a few quotes for Ll insurance.

    So you'll be wanting to let an unfurnished property for less than six months?

    Legal issues aside, I think you'll find it *very* difficult to get tenants under those conditions. Moving your furniture into a new place costs time and money; it's not something I'd do if I thought my LL would want me out in two months.
  • Kynthia
    Kynthia Posts: 5,692 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    v6wrx wrote: »
    I understand what your saying but do landlords really use the courts to evict tenants?

    I did. I had a tenant not pay rent for months and it took me seven months to get them out! :mad:

    Your short term rental may attract a tenant who wants to get social housing. They could move in and then when you want to return to your property they will refuse to go. This will mean you are forced to evict them and they can claim they are being made homeless to the council. This means they will stay until you apply for bailiffs which took me another 10 weeks on top of the possession date!
    Don't listen to me, I'm no expert!
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