I'm hoping to rent a holiday cottage to use as a 'bolt hole' and it will not be my main home. The letting agent says that either I, or my husband has to nominate this as our main home as this is a requirement under the Housing Act for an Assured Shorthold Tenancy. We don't want to state something which would be an untruth. Can you advise on our options, if any? Thanks, Mary
Province/Country relating to question : Devon
This is the first advice sought.
Welcome to JustAnswer! If you've any queries once you've read my answer do ask. When satisfied, kindly click the Green ACCEPT button.Are you particularly keen to have an assured shorthold tenancy agreement please?
Hi, no; don't particularly mind what sort of tenancy it is, provided landlord is happy. I don't know if he would consider any other sort.
What you need is a contractual tenancy - excluded from the shorthold tenancy regime. This can still give you all the practical benefits of a AST but it excluded from the statutory regime which means you and the landlord are free to negotiate the terms entirely between you. the only things to be particularly careful of is that the landlord does not have to protect deposit under a contractual tenancy and you may therefore wish to insist that this is a condition of the tenancy agreement. In addition you need to be clear on what terms agreed in respect to the landlord giving notice to vacate the property to the both of you understand the levels notice periods you need to give.I agree with you that if you are to live most of the time at another property it is not appropriate for you to enter into an assured short hold tenancy as this does require that it is your main home. A contractual tenancy is the way forward
LL.B (Hons), Prof Dip Law & Practice. 9 years experience in private practice in England
The letting agent has said that you have to have an AST or it would be a 'common law' tenancy. Is that the same thing as your answer?
Yes a common law tenancy is the same thing as a contractual tenancy - so many terms to confuse!
Is this very unusual? The letting agent sounded very negative about this.
Not at all. It is better to be in the AST regime if it is your primary house - in fact it is very difficult for a landlord to exclude an agreement if it is - but providing the terms are negotiated properly there is nothing wrong with a contractual tenancy. You have fewer safe guards though as above so you need to rely wholly on the contract so it is sensible to have a solicitor review it before you sign.
Thank you for your help.
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