The Assured Shorthold Tenancy
The minimum period is six months and there is no limit to the length of tenancy. The Rent Officer and Registered Rents are things of the past except that, under the Assured Shorthold, reference can be made to a Rent Assessment Committee, but only if the rent is significantly above market rent.
This rarely arises but always ask our views on your proposed rent.
The Assured Tenancy
Guarantees that the landlord will get possession of the property if he can satisfy one of the mandatory grounds for possession. The principal mandatory grounds are as follows:
First, so long as we tell the tenant that this is your house and that you have lived in it as your principal residence, then when you want to regain possession, you can. In contrast to the old system you no longer have to show that you intend living in it yourself.
Second, if the house is a retirement home you can regain possession in the majority of cases (assuming you have given the preliminary notice). On the other hand, you cannot regain possession unless you now intend living in the house.
Third, if the rent is seriously in arrears or persistently paid late then possession will be given.
There are other grounds on which a court may order possession. Please ask our advice.
Letting to a Corporate Body
‘Company Let’ – A corporate body cannot acquire protection with regard to security of tenure, so usually letting is to a big company or institution which requires to relocate an executive or a family for a specific period and is happy to take on the liability in order to provide a suitable home.
This provides greater security with regard to receipt of rent. As always, ask us if this would suit your requirements.
Regulated Tenancies
This is the name given to all protected tenancies, with or without Registered Rents, which give the tenants full protection, and which do not have the benefit of the cut-off provisions by The Housing Act 1988 usually having begun prior to January 1989.
Holiday Let
The tenant cannot query the agreed Rent and a court must order his eviction if he overstays. However, the rules concerning the definition of a Holiday Let must be observed.
Off-Season Let
The other half of the holiday let, this covers the rest of the year (maximum 8months) outside the holiday season. If the rules are obeyed there is no security of tenure.
Licence
Not a tenancy at all but simply a licence to occupy, and often a non-exclusive licence, whereby a group occupies a property each with the rights to use the whole of it.
This arrangement is not liked by The Courts who try to find a tenancy in every disputed case. Every situation has its ideal tenancy type. Please ask our advice.