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Question

Tenancy Agreements (England)

Minimum contract

12 Jul 2016 | 1 comment

Hi what is the minimum contract period that a private landlord can give? A potential tenant would like to rent for a minimum period of 3 months.

Thanks

Answer

1 Comment

  1. guildy

    There is no legal minimum term so three months is fine legally (as would not having a fixed term at all).

    However, if they didn’t leave at month 3 and you wanted them out, you can’t serve a section 21 (2 months notice) until at least month 4 plus a day. Therefore, in reality the minimum is 6 months if you wanted them to leave. The court can’t order possession for at least 6 months from when they first took occupation but that point is effectively mute now that a section 21 can’t be served within 4 months.

    Also, there are council tax benefits to having a minimum 6 month term.

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