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F E Smith
F E Smith, Advocate
Category: Law
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Experience:  I have been practising for 30 years.
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I have a rental property that exceeds £25,000 rent per

Resolved Question:

I have a rental property that exceeds £25,000 rent per annum. I understand I cannot use an AST for the Tenancy contract due to the rent exceeding this threshold. Please advise what contract I should use and the difference between that and the AST.
-Would the term still be 12 months standard and can I still have a break clause for both parties to terminate the contract after 6 months?
-My tenant and I have agreed to a minimum term of 7 months and have 2 months notice to quit (so serve 2 months notice after month 5). Is this possible?
-Do I still need to register the deposit with the protection scheme?
-Is there anything else I should be aware of?
Thank you
Submitted: 8 months ago.
Category: Law
Expert:  F E Smith replied 8 months ago.

Use a Assured Short hold Tenancy.

The threshold increased £100,000 on 1 October 2010

http://www.glovers.co.uk/news_article362.html

and

https://www.gov.uk/private-renting-tenancy-agreements/tenancy-types

you have to comply with all of the usual AST requirements, Renting in England booklet, EPC, TDS details, Gas safety cert, etc.

this is the booklet which contains what you need to know written from a tenant point of view. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/496709/How_to_Rent_Jan_16.pdf

it must be a minimum of 6 months but there is no reason why you cannot have 12 months with a break clause at 6 months on 2 months prior notice.

Can I clarify anything else for you?

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Best wishes.

FES.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8975
Experience: I have been practising for 30 years.
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