5 year tenancy agreement or leave

calleyw

Morning everyone,


This is all third hand I am sorry to say. And I have never rented but don't believe this is correct.


A young couple first time renting mid 20's are coming up to the end of a year's tenancy. They want to move at some stage but not sure when yet, but have been told that they have to sign a 5 year tenancy or leave when the year is up.


As I said it does not sound right to me. I thought once the first year was up it become a rolling tenancy? My first thoughts was don't sign or agree to anything. And then CAB or Shelter?


What are there rights. They have two children, one only a month old. I don't want them to panic move and end up in a mess.


Thanks in advance


Yours


Calley x

theartfullodger

You are right, it continues periodic. But thanks to Thatcher's 1988 housing act landlord can evict tenants for no reason at all.

But it will take them months for court process.

Comms69

Also a 5 year tenancy must be served as a deed I believe; unlikely the LL or LA know this

G_M

Read:


* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

5 years is unusual, but gives the landlord security knowing he has a good tenant paying guaranteed rent for so long. It also gives the tenant security.

But means there is no flexibility either (unless there is a 'Break Clause'.)

Note that any tenancy agreement longer than 3 years cannot be a contract - it must be Executed as a Deed.


If no new agreement is signed, yes, the tenancy rolls on month by month automatically (till ended by either the tenant or a court)

calleyw

thanks. that is what i thought. i am guessing if they refuse to sign the landlord could decide to start the eviction process.


I do frequent these boards hence my basic knowledge of rolling tenancy and the eviction process takes months.


yours


Calley x

[Deleted User]

They could negotiate to having a break clause put in.

calleyw

deannatrois wrote: »

They could negotiate to having a break clause put in.

they dont want to stay there much longer any way. best they do nothing and that gives them breathing space to get sorted


yours


Calley x

Smi1er

calleyw wrote: »

they dont want to stay there much longer any way. best they do nothing and that gives them breathing space to get sorted


yours


Calley x

If they don't want to stay much longer then move to a SPT. If asked if they're signing then say nothing.

If LL decided to evict them then it's a 4-6 month process, is that enough breathing space for them?

calleyw

Smi1er wrote: »

If they don't want to stay much longer then move to a SPT. If asked if they're signing then say nothing.

If LL decided to evict them then it's a 4-6 month process, is that enough breathing space for them?

No idea. As I said all very much 3rd hand, I do know the couple. I have given the info from here to be passed back to them.



I have more details seems to some sort social housing with affordable rent. It seems you get a one year starter tenancy which seems to be a type of Assured Shorthold Tenancy. Then after the year they get an Assured Tenancy for 5 years. I thought it was private landlord.



I assume all the info holds for that they don't have to sign it?


Thanks in advance.


Yours


Calley x

Pixie5740

The 5 year tenancy is also likely to be an AST as well rather than an AT.

https://england.shelter.org.uk/housing_advice/council_housing_association/housing_association_starter_tenancies

I'm not entirely sure what the process would be if the tenant wanted to leave the HA property during the 5 year period. If there is some kind of break clause that would let them leave before the 5 year term then it might be worth the couple signing anyway. Maybe one for Shelter.

calleyw

Pixie5740 wrote: »

The 5 year tenancy is also likely to be an AST as well rather than an AT.

Sorry you are correct I was looking at the social rent tenancies. The affordable rent are indeed AST. Which I believe is what they have got. Got a bit lost on the website.



So assume the same advice as before applies that don't have to sign the 5 year tenancy?

Pixie5740 wrote: »

https://england.shelter.org.uk/housing_advice/council_housing_association/housing_association_starter_tenancies

I'm not entirely sure what the process would be if the tenant wanted to leave the HA property during the 5 year period. If there is some kind of break clause that would let them leave before the 5 year term then it might be worth the couple signing anyway. Maybe one for Shelter.

Will pass the link on to them anyway. Not sure they will understand or bother to read it. I think they will panic move again



Yours


Calley x