Is minimum duration of AST 6 months?

DRP

In the next few weeks I am starting work at a hospital.

I have arranged hospital-owned accommodation for the first 2 months (owned by a large external company). I have just had a conversation with the admin querying whether I can arrange to stay in this accommodation for a longer period if I need to:

A: 'you will need to go onto an AST if you want to stay longer'

Me: 'you mean sign a 6 month contract'

A: 'No, it means you will need to provide a month's rent as deposit but you can give a month's notice at any time to leave'.


As far as i understand the minimum length of an AST is 6 months.

Is this an AST? If not , what is it?

DragonQ

Could be they meant Statutory Periodic Assured Shorthold Tenancy (often called a Statutory Periodic Tenancy). It's still an AST, just a periodic one.

rachelstephens

my understanding is that an AST has to be for a minimum of 6 months. only after that can it go on to a "rolling" contract where you have to give a months' notice,

you don't have to give notice at the end of the 6 months' period, you can just move out as your contract has come to an end. once it goes onto the rolling contract you generally have to give a month's notice (to be given on the date in the month that your contract started, ie if your contract started on 2nd September you can only give formal notice on the 2nd of the month you want to give notice in).

however, to get you out the landlord has to give you notice (I think 2 months' notice, ie on the start of the 4th month of your contract).

any AST made for less than 6 months can be challenged in court but often tenants and landlords are happy to do a shorter AST on the understanding it can help both sides sometimes.

hope that helps

benjus

AFAIK (and assuming English law), since 1997 an AST can be for less than 6 months, but a Section 21 notice for the landlord to regain possession via the accelerated procedure cannot be used within the first 6 months. Therefore if the tenant signs a 1 month AST, then decides they actually want to stay on longer (and pays the rent) there's nothing the landlord can do to evict them until 6 months is up.

princeofpounds

what Benjus said.

There is no minimum length, but the LL will find it hard to evict before 6 months and so often won't agree to such an imbalance of power.

theartfullodger

Benjus almost right. AST can be for 1 day. However s21 can only be used after 6months. Nothing to stop landlord using other means (eg s8 for non payment of rent) to evict or, indeed, bribery to go anytime.


Nothing to stop landlord&tenant agreeing end of any tenancy of any length to end at any date/time (eg this evening @ 7:30 pm)

Cheers!

DRP

Thanks everyone for their comments. Sounds like it could just be an AST then. Presumably this due to the type of tenants they will be getting at the hospital.

Annisele

If it's "hospital owned accommodation", then the OP might be a licensee rather than a tenant. Some hospital accommodation is more like student halls of residence (or hotels) than like standard rental arrangements. If OP is a licensee, it won't be an AST of any kind.

Whatever the actual arrangement is, I think OP should read the contract very carefully before signing it - particularly the parts about notice.

G_M

DragonQ wrote: »

Could be they meant Statutory Periodic Assured Shorthold Tenancy (often called a Statutory Periodic Tenancy). It's still an AST, just a periodic one.

No. Sounds like a CPT(Contractual Periodic Tenancy).

Though the OP is unclear about what basis he'll be there for the first 2months....

If the 1st 2months are a fixed term AST, the yes, subsequently it would be a SPT.

A Fixed Term AST can be for any length- there is no minimum or maximum. However:

* If over 3 years, it must be Executed as a Deed

* Even if under 6months, the LL cannot seek possession via the courts earlier than 6 months

Smith_007

If it's "hospital owned accommodation", then the OP might be a licensee rather than a tenant.

THIS !
Much hospital staff accommodation is aimed at Junior Doctors / Medical Students who need to be on site due to working insane hours. This accommodation is indeed, provided on licence rather than an AST tenancy.

G_M

Smith_007 wrote: »

THIS !
Much hospital staff accommodation is aimed at Junior Doctors / Medical Students who need to be on site due to working insane hours. This accommodation is indeed, provided on licence rather than an AST tenancy.

Indeed. However when the OP asked to stay longer (than the agreed 2 months which may or may not have been on licence), response was:

'you will need to go onto an AST if you want to stay longer'

plus:

you can give a month's notice at any time to leave'.

hence my conclusion that this would be a CPT (not a SPT).