Short Term Lets after May 1st?

mills112

https://forums.moneysavingexpert.com/discussion/comment/81980917#Comment_81980917

my understanding is that AST has to have a minimum of 6 months though.

_Penny_Dreadful

https://forums.moneysavingexpert.com/discussion/comment/81981105#Comment_81981105

There’s never been a legal 6‑month minimum AST. Any fixed term was valid.
The only 6‑month rule was about when a landlord could enforce possession (section 21 issued at end of 4 months + 2 months notice), not the length of the fixed term itself.

BungalowBel

So now if someone goes to work abroad for a year - they are not allowed to tell any prospective tenants 'we will want the house back after a year'?

Or do you let it to them, don't tell them, and start legal proceedings to evict them without warning after ten months.

Alternative, leave it empty and deny someone a home.

Albermarle

https://forums.moneysavingexpert.com/discussion/comment/81981380#Comment_81981380

I would think you could still inform prospective tenants, that you intend to return in one year and you would want the house back. However you could not have a one year contract.

Then when you come back, the tenants either cooperate and leave quickly, or you have to go through the eviction process. Which would be exactly the same situation now if you had a one year contract.

saajan_12

https://forums.moneysavingexpert.com/discussion/comment/81980917#Comment_81980917

Agree with this for your definition of short tenancies where the tenants are legally required to leave in < 6 months.

However for somewhat short tenancies eg 6-12 months, that has been lost. Eg you could have agreed a 6m fixed term, serve S21 after month 4, go to court after month 6, and likely have your property back by month 9-12. Now the grounds for selling or moving back in can only be used after the first 12 months, then the court lead time, So someone going abroad or moving for a job for a year post RRA would be better off leaving their property empty than let someone use it. Seems cross-purpose to the other aims of getting empty properties to be used.

IMO there should be a clearer distinction between short and long term tenancies. Short term should have both sides able to give much shorter notices, eg 1 month each way for any reason. Long term should have a minimum period for both sides, and then rolling so tenants aren't forever in these annual lock ins, but a landlord isn't risking changeovers every 2 months.

rowan222

The real problem with all this is not so much a contract because in reality most tenants are decent people. The problem is communication. Because if the landlord does not communicate right at the beginning when advertising that the let will only be for 5 months. 8 months or whatever they are going to get hoards of people viewing and applying who are after a longer term let therefore wasting both sides time. So it will be down to word of mouth or something like Gumtree (groan) or Facebook.

If they cant even put "short term" or "only five months" in the initial add then everyone gets screwed. Because there are LL out there who for whatever reason only want to let for a short period.

TroubledTarts

This is why LL's will just withdraw from short term let's.

The process of eviction is further delayed now due to court delays and then waits for bailiffs, in some areas 3 months plus for bailiffs to complete the eviction.

You would really have to trust someone implicitly to allow a verbally agreed short term let in the new landscape from 1st May

Diaz09

I'd speak to a property solicitor rather than rely on what the letting agent has told you - they might be confusing holiday lets/Airbnb restrictions with standard assured shorthold tenancies. You can still offer a 6-month AST and simply choose not to renew when it expires, which gives you the flexibility you're after without any advertising restrictions.

monkey-fingers

https://forums.moneysavingexpert.com/discussion/comment/81983137#Comment_81983137

Er, no you can't.

I think a lot of landlords might be caught out by this.

From May 1st, tenants are protected from eviction for selling or owner-occupation during the first 12 months.

The concept of timed ASTs is gone. Entirely.

BungalowBel

If I was not living in my home for 6-12 months, I would just leave it empty. Too much hassle to do otherwise. Just get someone to check on it every week, and employ a gardener.