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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10780
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I am about to enter into a contract to rent a domestic

Customer Question

I am about to enter into a contract to rent a domestic property. I requested a period of 5 years, which was originally accepted. However, the landlord has now stipulated that the term needs to be three years "so as to avoid the contract being construed as a lease", which somehow is disadvantageous to his interests.
Can you shed any light on this matter, as it is a mystery to me?
Thank you.
Neville Copley
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.


Thanks for your enquiry.

For private rentals, the most common type of tenancy is an Assured Shorthold Tenancy (AST).These tenancies usually begin as fixed term tenancies where the duration is defined from the outset, typically anywhere between 6 months to three years and mutually agreed between the landlord and tenant.

However, there is not a maximum length to an AST, so the only thing I can think of is that IF the Landlord has a Mortgage over the property,Banks often have different stipulations if a Tenancy is over 3 years in duration, and this is why he has asked for such a Tenancy.

At the end of the day, it is up to the parties to formally agree the term of the AST, and even if he may have previously agreed to a 5 year term, until the AST is signed, either party is free to withdraw.

Please let me know if you have any further query.

Kind Regards


Expert:  Aston Lawyer replied 1 year ago.

Can I help you any further? Kind Regards Al