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Residential and Commercial Lettings This is the place for both Landlords and Tenants to discuss letting issues, and share experiences.


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Old 16th July 2008, 15:03   #1 (permalink)
age9000
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Default joint owners of property - do both have to sign AST or can just one issue an AST to tenant ?

Hi to all on forum

have a jointly owned property
want to rent to tenant on AST
do both owners have to sign tenancy
or does only one need to sign for it
to be all legal etc.

other point is i will still be living in the house
can i still give the tenant an AST or does it have to be
on a licence ? I want to give them 12 or 24 months
so what is the best way to protect the tenant in this
case ?

thanks in advance

Last edited by age9000; 16th July 2008 at 15:27. Reason: typos
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Old 16th July 2008, 18:40   #2 (permalink)
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Default Re: joint owners of property - do both have to sign AST or can just one issue an AST to tenant ?

Just one landlord needs to sign, and the tenant will NOT have an AST, but a license. You can still grant whatever you want as per the laws of contract, they just will not be regulated by statute.
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Old 16th July 2008, 19:16   #3 (permalink)
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Default Re: joint owners of property - do both have to sign AST or can just one issue an AST to tenant ?

thanks Mrshed



If I do a licence can i grant it for say 1 year
if so what notice do i have to give the tenant to move out ? and do i have to wait until the 1 year is up before giving notice.

age
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Old 16th July 2008, 19:22   #4 (permalink)
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Default Re: joint owners of property - do both have to sign AST or can just one issue an AST to tenant ?

A licence is a very basic form of renting. Basically the terms are as you agree them. So yes you can grant it for a year, and you would stipulate in the agreement what the notice period would be, and when you can give such notice. The main exception is that the notice period should be reasonable - i.e. at least one rent payment period.
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Old 16th July 2008, 19:25   #5 (permalink)
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Default Re: joint owners of property - do both have to sign AST or can just one issue an AST to tenant ?

Thanks again, very helpful.

sorry to be a pain , but can you confirm the following

1) I can grant licence for 1 year
2) tenant cannot be made to leave before end of the 1 year.
3) notice can be 2 months

basically I want the tenant to be safe for 1 year minimum

age

Last edited by age9000; 16th July 2008 at 19:26. Reason: Typo's
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Old 16th July 2008, 19:30   #6 (permalink)
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Default Re: joint owners of property - do both have to sign AST or can just one issue an AST to tenant ?

1) Yes
2) It depends what you mean "cannot be made to leave". There is NO criminal act committed by removing a lodger/licensee. If there is a years agreement, then if they are removed prior, then they would be eligible for financial damages, but there is no law broken.
3) Yes

Can I ask why you are granting the licencee more rights than he would be eligible for? Commendable, but almost certainly not in your best interests...
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Old 16th July 2008, 20:27   #7 (permalink)
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Default Re: joint owners of property - do both have to sign AST or can just one issue an AST to tenant ?

Thanks again for the help.

want to do this way coz the house is in my name and my ex-wifes name
as yet I am still waiting for all the financial bits to be sorted. because
the house is in both names still, i am presuming the ex could object to someone moving in, so I thought if i grant 1 year etc, then even if she go to court to say she not want anyone to move in then there would not be much she could do about it, even if a judge says she can object, or gives order for the tenant to move out ! so i want to try and cover all bases
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