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Also what type of tenancies are council tenancies usually? Periodic?

Can you recommend any sites where i can find out more?

2006-08-29 02:40:46 · 5 answers · asked by Chimera's Song 6 in Business & Finance Renting & Real Estate

Thanks for all your advice. I should point out that i am not being evicted though, thankfully. I just want to brush up on my legal knowledge with regard to leases. Tricky area of law!!

2006-08-29 06:40:02 · update #1

5 answers

AT's and AST's are essentially the same thing. AST's were brought in with the Housing Act 1984. It is very rare to find an Assured Tenancy anymore but they will be treated the same in terms of eviction assuming the start of the tenancy does not predate the Housing Act.

A tenant has 6 month's security of tenure from the start of the tenancy (they cannot be evicted within this time unless there is a breach of tenancy).

In order to evict a tenant, the Landlord must serve at least 2 months notice to expire the day before a rent due date. Possession of a property can only be obtained by court order if the tenant refuses to leave.

Council tenancies will be AST's. A periodic tenancy is where an original contract duration has expired and not been renewed and the tenancy continues on a month by month basis under the same terms and conditions as the original agreement.

2006-08-29 05:55:03 · answer #1 · answered by Lewiy 3 · 0 0

An assured Short-hold Tenancy (generally for 6 months) means that you have rented the property for a specific period. During the term of that tenancy you are assured the use thereof. At the end of that tenancy the owner (landlord) is entitled to ask you to leave (Notice to Quit) You have no right to remain in the property if the Landlord wants it back. If you remain beyond the period of notice the Landlord can apply to the County Court for an eviction summons. In addition to whatever rent you owe, you may also be liable for court costs on top.

A council tenancy on the other hand is a protected tenancy. Providing you abide by the terms of that tenancy you may remain.

However, the Council in the area where you currently live may take the view that (notwithstanding they may have a duty to rehouse you under the Homeless Persons Act) if the reason your Landlord refused to renew your Short-hold tenancy was (shall we say suspect) the Council could declare you intentionally homeless and thereby refusing to rehouse you.

Not everyone is entitled to be rehoused by the Council in any event - you must comply with the conditions even to be considered. Single persons are not considered in 'priority need' and all the Council may do in those circumstances is to provide them with a list of B&B hotels.

2006-08-29 03:27:33 · answer #2 · answered by ? 5 · 0 0

Not quite sure if I'm giving you the right answer but.... each time I've rented, I've had an AST (without ref. to eviction) and it basically means that once you have signed the papers, you saty there for six months. After that, you can leave or be evicted (with notice). Or you can renew the lease and it lasts for 12 months.

I can't remember the website addresses, but here are a few ideas:
Citizens Advice
Your local council
Shelter

My first stop would be the CAB, either in person or online. Good luck!

2006-08-29 02:49:15 · answer #3 · answered by roxpox99 3 · 0 0

Have a look at the Shelter website - easier than me quoting info at you! Good Luck

2006-08-29 02:43:40 · answer #4 · answered by Dee 3 · 0 0

england.shelter.org.uk/advice/advice-272.cfm

2006-08-29 03:08:09 · answer #5 · answered by newmexicorealestateforms 6 · 0 0

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