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England | Lettings Options (England) | Pre-tenancy (England)

Second Home

29 Apr 2022 | 3 comments

What type of tenancy or special clause should i insert into an AST when a tenant wishes to use a property as a second home and not the primary residence and the landlord is happy with this arrangement.

Many thanks



  1. guildy

    They have to occupy as their only or principal home for it to be an AST, so it’s impossible.

    You require a contractual tenancy available in the Tenancy Builder.

  2. CV_Lettings

    Is it possible to alter section 41 to from 14 days to 28 or 31 days? This would save multiple notifications.
    If a housekeeper visited the house weekly to clean and check around then would this be enough to justify occupancy during the period tenants were not there?

    Many thanks

  3. guildy

    Have the prospective tenants expressly commented on that clause? If not, we would try to leave it. It’s designed for abandonment and to give the landlord a small (but not conclusive) argument if you suspect abandonment and they hadn’t notified. There is no need for the landlord to enforce the clause during regular times. Also, you might need to check the landlord’s insurance because it might be a condition of the tenancy that such a term (14 days) exists (for water leaks or frozen pipes protection).

    If somebody is attending as you suggest, it would be perfectly acceptable; they would still be occupying.

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