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Remus2004
Remus2004, Barrister
Category: Property Law
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Experience:  Over 5 years in practice.
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I have some questions regarding assured short hold tenancy

Resolved Question:

I have some questions regarding assured short hold tenancy agreements . Myself and my wife are separating and moving into separate accommodation (we currently rent under an AST upon which the section 21 has been issued ). My wife will be moving into a house under an assured short hold tenancy for which i will be named on the tenancy agreement ( my wife only works part time as we have young children so even though she will be named on the AST I will be paying the rent). I will rent a room in the local area.

My question is -
1. Can i be named on two assured short hold Tenancies , albeit one will be for a room.
2. Can i apply for two AST's at the same time? I will not apply until my wife has moved in to the new property if there is the slightest risk to the house application.
3. What are the implications in terms of the tenancy agreement if i am not living there, even though the rent will be paid in full each month
4. Is the AST for a room (the landlord does not live at the property) the same as an AST for sole occupation of a property?
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.

I presume this is a private tenancy agreement? The local council have no involvement?
Customer: replied 2 years ago.
Correct , no council or housing association or benefits involved.
Expert:  Remus2004 replied 2 years ago.
Thank you.

On your points in order;

1 yes, you can have as many ASTs as you like although obviously you are liable to pay for them

2 yes, it's nothing to do with anybody how many you have

3 none at all. As long as the rent is paid you can leave a property unoccupied if you choose

4 it does depend. If you are describing a self-contained room with kitchen and bathroom facilities accessible and shared with nobody then that is an AST. If you were describing a wrong in a shared house in which you share kitchen and bathroom then the AST has to cover the whole house and not just a room.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.
Could you clarify a couple of your responses .

Question 3- Most of the ASTs I have held have a clause to the effect that the property will be my main residence. If this is the case and seems to be the standard clause then am I in breach of contract if I'm living elsewhere?

Question 4- I will be renting a room that may have an en suite but shared used of the kitchen etc. The landlord does not live in the property and rents the rooms seperatly and not as one tenancy for the whole property . What type of tenancy agreement would this be as I would obviously not hold a tenancy for the whole property .
Expert:  Remus2004 replied 2 years ago.
If there is a clause to that effect then you could argue that this is a breach. Whether it is a breach sufficient to actually evict you is another matter. The reason for that wording is that they want to prohibit subletting which is fair enough but if you are involved in a relationship breakdown a different time of issue.

He may try to call that an AST but I suspect that it would not survive scrutiny and would probably be a periodic agreement or just a licence to occupy.
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69985
Experience: Over 5 years in practice.
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