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Question

Tenancy Agreements (England) | Types of Tenancies (England)

Tenancy Agreements

23 Feb 2017 | 3 comments

I am a Resident in one of my Flats in a converted Victorian house. I have been told that I should offer a Contractual tenancy agreement not a Assured Shorthold Tenancy Agreement. Please advice.

Answer

3 Comments

  1. guildy

    To clarify, the following needs to apply in order to give a contractual tenancy for a resident landlord:

    • when the house was originally constructed it was constructed as a single dwelling (so not a purpose built block of flats); and
    • at some point, flats have been created within the building; and
    • the landlord lives in one of the flats as main home; and
    • the landlord is letting one of the other flats in the same building.

    If all true, a contractual tenancy is used and not an AST.

    The main difference is that it’s one months notice to ask tenant to leave instead of two and the deposit doesn’t need protecting. There are other differences but nothing that makes much difference. It’s still a “tenancy” just like an AST is.

    Just so you can check you are a “resident landlord” the actual definition in the Housing Act is here. (Scroll to number 10).

    We have a contractual tenancy here.

    • hobday

      Thank you very much That has made the situation very clear, thanks again.
      David
      TU Properties

    • hobday

      GRL Landlord Association | guildy commented on Tenancy AgreementsHi guildy, Thank you for that information. Most clear and helpful.

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