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Question Title: Two assured shorthold tenancies at the same time?
| Question: 295 |
| I have been asked to let a furnished flat on an assured shorthold tenancy to a lady who already has an unfurnished assured shorthold tenancy. She says that she wants to keep her previous tenancy in order to store her furniture. She does not seem concerned about paying two amounts of rent. Can a person have two assured shorthold tenancies at the same time?
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| Answer: |
| An unusual situation is posed here. A tenancy may not be an assured or assured shorthold tenancy where the tenant does not occupy the property "as his only or principal home" (Section 1 Housing Act 1988). Whilst this phrase is not defined in the Act and the law allows a person may have more than one residence at a time, it would clearly be contrary to the intentions of Parliament to permit an individual to have an assured shorthold tenancy on two properties. In this case it will be necessary to inform the tenant of this fact and on the evidence provided, there will be an assured shorthold tenancy on the new flat and her previous property will cease to be an AST and will become an ordinary contractual tenancy. She should be informed of the change in the notice requirements as should the landlord.
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References:
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Pages:
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Hyperlinks:
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Letting Handbook |
Chapter 5 |
letting-handbook-and-factsheets.html
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Letting Factsheet No 19 |
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factsheet-19
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For more information, discuss on the Forum
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Tenancies