Tenancy agreement

[JadeFeather]

Hi

Was wondering if anyone can help.
We have tenants moving into our flat shortly. I'm hoping they should be able to stay for a year at least. However depending on our circumstances we may need to look at putting it on the market in March. I believe if we go with a standard 12 months agreement with 6 month break clause and 2 months notice this entitles them to stay for at least 8 months- until August. Is there any way around this? Thanks

yes, sell it now.
or rent it out room by room as very short let.

Assured shorthold tenancies are a minimum of 6 months in duration.

Don't let it by the room, you will be creating an HMO, which has very different and far more onerous regulations than a single let. Go with a 6 month AST.

But if it's 6 months AST isn't that effectively same as break clause so it means earliest we can give them notice (if they move in January) is in June and then they would vacate in August?

no, six month break would mean you give notice after 4 months to vacate at 6.

but tbh, you seem to need to do a lot of reading on tannants rights and landlord obligations or it will be a miserable experience for both you and the tennant.

I think you can give 2 months' notice 4 months in unless that changed recently. However that assumes you can let it straightaway and the tenants don't overstay. If you need to sell, market it now as it will be tricky to do so with sitting tenants. You would also need to prepare it for letting as there are stricter rules now re. Smoke alarms, gas certificate, fire safety etc. Do you plan to use an agent as they would advise you.

Property has been let out for the last 5 years so no issues there. I thought I could give notice after 4 months but then I read something that confused me and made it seem like you can only give notice after 6 months but it seems you all agree that we can give notice after 4 months.

yes, you can.

as you know they may not necessarily go then.

I hope you have told the tenants it may only be a 6 month let.