A rental agreement is a contract between you and an owner. (1) As a common tenancy, all tenants share the house and all its facilities and do not have the exclusive ownership of a party. The rooms are distributed among the tenants on an agreed basis of the tenant. There is a lease that includes all tenants. If your lease cannot be an AST, these agreements are not suitable for you. Instead, you should use the right alternative rental contract. Notes: (1) The maximum number of persons who may hold a common interest in land is 4 (Trustees Act 1924 s34) For more than 4 common tenants, the first 4 tenants must be made, with subsequent occupants included in the contract. A specific form of contract for this purpose has been developed by Legalhelpers – see:legalhelpers.co.uk (2) Isolated tenants in an apartment building may sign a standard AST agreement, provided that the part or space intended for the tenant`s exclusive ownership is specified. Ideally, the agreement should be accompanied by a plan with a red stall. (3) Among the main case law jurisprudence of several premises occupied as licensing situations are: Street Mountford (1985), Uratemp Ventures Ltd/Collins (2001), A.G. Securities v Vaughan (1988) and Antodiades v Villiers (1988). A.G. Securities v Vaughan (1988).
In this case, there was an owner who rented rooms in a licensed property. The House of Lords (the highest court at the time) decided that it was a licence, not a lease; the main principle was that the owner had not leased the property to the occupier with exclusive ownership, nor part of it. Other indications on when a lease will not be a secure rental agreement and what would be the alternative. This is the central difference between the two rents; Under an AST, the lessor has the automatic right to repossessive at any time after the fixed term of the tenancy agreement expires, provided that it provides for an appropriate termination, while the lessor does not have this automatic right, which gives the tenant greater security in the case of a guaranteed tenancy agreement. As a landlord, if you are contracting with a tenant, there are a number of things that the law imposes on you and a number of things that are not mandatory, but are good practice. However, it is a complex judicial space, with several cases (note 3) as precedents. It all boils down to saying that where there are no single rooms (rooms) for individual residents, but where residents come and go at different times and use the space they have, then no lease is theoretically created.