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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 26795
Experience:  Senior Partner at Berkson Wallace
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I want to know the difference between a shorthold tenancy

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I want to know the difference between a shorthold tenancy contract or a sublet lease
JA: Because laws vary from place to place, can you tell me where the property is located?
Customer: I am managing the house and I am renting one-bedroom, I was thinking of doing a contract with without minimum or maximum term and both parts can cancel the agreement with two months notice tha house is in london
JA: Has anything been filed or reported?
Customer: no i am looking to the person
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I want to know what is the best type of contract I can offer to sublet and be protectec
Customer: replied 14 days ago.
Do I need to put the inventory of the whole house on the contract, or can I do that on a separate paper?
I also want to know how to prevent tenants from putting a lock on the bedrooms, and do I need to put the deposit into a government-approved tenancy deposit scheme (TDP) if I am subletting the bedrooms?
Customer: replied 14 days ago.
I have attached a copy of one contract I was thinking of doingKind RegardsAdrian

My apologies as my introduction didnt appear - here is it now.

Hello. My name is***** you for the question.

It is my pleasure to assist you today.

I have been in the legal profession, in High Street practice, for almost 30 years so I have wide range of experience in a great many different aspects of law.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you.

Although I am shown as online, I may be dealing with other people, on the telephone, or typing.

Please be assured that you will receive an email once I have written a reply.

Just Answer is not a chat service, it’s an email reply board and therefore sometimes it will be minutes, sometimes it may be longer, even hours or overnight.

I apologise in advance if you suffer a delay.

Kind regards.

Are you the landlord?

how many tenants are there in property?

is this an HMO?

Customer: replied 14 days ago.
I am managing the house, the landlord is my friend and I have the authorisation from him
There is Two new tenants and I need to sign a contract with each of them

There are certain requirements for something to be a AST.

For example, one of the requirements as the landlord doesn’t live in the property so if you are subletting a room, but it cannot be an AST it is a lodgers contract.

If they share some facility they are also classed as an “excluded occupier” and we only notice required, at any time, is the same as the rental period. Pay rent monthly, one month’s notice.

You don’t need a court order to get them out whereas if they rent the property exclusively on an AST and they decide they don’t want to go, it’s the devil’s own job to get them out.

If you don’t live in the property, even though it’s one room and they may share facilities with others, then they have an AST.

Depending on the number of people you may have to have it registered as a HMO.

Inventory needs to be agreed with the tenant but can be a separate document.

If you live in the property you don’t need to protect the deposit otherwise you do and you need to provide all the other statutory information.

Without all of the following the tenancy is not legal

1 protected the deposit in a statutory scheme within 30 days of the start of the tenancy and
2 has to have given details of the scheme to the tenant within that period.

If the landlord hasn’t, the tenant is entitled to substantial compensation.

3 No notices valid unless the landlord has also given the tenant:

4 energy performance certificate

5 gas safety certificate

6 Electrical safety certificate

7 guide to renting in England booklet if the property is in England

8 a copy of the tenancy agreement

9 AND depending on the local authority, the authority sometimes require the property and the landlord to be registered with them.

Unless everything has been complied with, then any notice is invalid.

You can see now why many landlords are selling their buy to let property.

You have attached a document but it as in some format which my computer doesn’t recognise so I can’t open it I’m afraid.

Unless you know what you are doing, then I would urge your friend to use a letting agent otherwise you could be on the receiving end of a whole load of different penalties. Even agents get it wrong who know what they are doing because the rules have become so complicated.

Thank you for letting me assist you with your legal question. I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Stuart

Can I help you any further with this?

It's my pleasure to help. I’m glad that I was able to help so far.

Thank you for trusting Just Answer with your legal problem.

I'm happy to clarify anything which is outstanding.

Please don't hesitate to ask.

Kind regards

Stuart

Hello again.

If you don’t have any further questions, I will mark this question thread as complete for now, but don’t worry, the thread stays open if anything else crops up over the course of the next days weeks or months.

I’m glad that I was able to help.

Thank you for trusting Just Answer with your legal problem.

Kind regards

Stuart

Customer: replied 13 days ago.
Could you check the contract and tell me if it's okay or not to sublet a room, please?
I attach the contract again in Mac pages format to see if you can see it nowKind RegardsAdrian

I’m sorry, I can’t open it. You need to send in a word format PDF JPEG or suchlike.

Customer: replied 12 days ago.
I have attached the pdf version of the contract.Kind Regards

Thank you.

If you do not live in the property then the agreement would take effect as an Assured Short Tenancy and both the landlord and the tenant would have the statutory protection afforded by the Landlord & Tenant Act 1985.

The tenant sublets the property as described in clause 1 and the tenant is not allowed to sublet the property because that is mentioned in clause 3.

Stuart J and other Property Law Specialists are ready to help you
Customer: replied 12 days ago.
that contract it’s fine?

It’s fine but do consider using the government’s new model contract

https://www.gov.uk/government/publications/model-agreement-for-a-shorthold-assured-tenancy