fantastic free resource for Landlords."
Message Board Home Page Finance Solicitors Links Landlords Club Sell For Free Insurance Books

 

Tenancy Agreement
What is it?
Section 21
Sections 47 & 48
Please be careful
How To End A Tenancy
Need an Agreement?
Articles Of Information
Referencing tenants
Assured Shortholds
Deposits
Stamp Duty
Bailiffs
Repairing Obligations
Inventories
Cleaning
Choosing Estate Agents
The Rent-a-Room Scheme
Starting an Agency
Can a tenant redecorate?
Tax Affairs
The lettings market.
Contractors
Gas Engineers
Electricians
Cleaners
Inventory Clerks
Safety Regulations
Gas Safety
Furniture Safety
Electrical Safety

What Is An Assured Shorthold Tenancy?

 

Apologies for the length of this document, please bear with us and it should give you some idea as to what An Assured Shorthold Tenancy is.

The tenancy must not be granted to a company, foreign government, association or other body that is renting a property for its' employee.  These fall outside of the Housing Act 1988 and Housing Act 1996.  This is contract law.

The granting of a property as a home for tenants has to have the following criteria to ensure that the landlord is protected under the Housing Act 1988 Amended 1996:

The criteria is:

1. The tenant is an individual or group of individuals, for whom at least one, it is their principal residence

2. The tenancy commenced after January 15 1989

3. The tenancy can be periodic from the beginning, but it is wise to have an agreed fixed period.

4. The landlord can not terminate the tenancy unless he has given two months notice to the tenant under the Housing Act 1988 Section 21.

If the fixed period is not renewed the tenancy becomes a statutory periodic shorthold tenancy on the same terms and conditions as the original tenancy and continues until the tenant gives one month's notice or the landlord gives two months notice to coincide with the rent end period.

The fixed period can be renewed for any length of time beyond the fixed period depending on subsequent renewal terms and service of a section 21 notice.

A tenant can seek the registration of a market rent from a Rent Assessment Committee during the first six months of the tenancy, regardless the length of the tenancy.  The Committee will only review the rent if it is above the market rent of similar properties in the area.

IMPORTANT POINTS:

The main points regarding An Assured Shorthold Tenancy is that it provides the Landlord with the right to gain possession of his property at the end of the fixed term.  Remember though that the tenant has the automatic right to be in the property for a minimum 6 months.  If the agreement is for 3 months and the tenant decides he wants to stay on for another 3 months - then so be it!  The tenancy is still protected under the Assured Shorthold Tenancy.  Possession will not be granted by the courts unless the tenant has been in the property for a minimum 6 months.

Possession is mandatory, meaning that the courts can not not grant possession to a landlord - thus getting away from the sitting tenant scenario.

Once a tenancy becomes periodic, you can only increase the rent by serving a section 13 notice on the tenant.  These are available from legal stationers and we hope to have them on here shortly.

Please also remember that should the rent be in excess of 25,000 per annum then it can not be An Assured Shorthold Tenancy and you as a landlord are not protected by the 1988 Housing Act.  This agreement becomes a contract between two parties and therefore you become involved in contract law - get a solicitor!

The landlord must always give 2 months notice to gain possession of the property - at no time is less than 2 months allowed - EVER!  You can get into serious trouble if you try to force the tenant out of the property with less than 2 months notice and a serious fine can be imposed - to the value of about 1/3 of the value of the property - may be a little more including costs etc and the judge!

If you are renting to a company then you are not protected under the Housing Act!

 

 

FANTASTIC RATES!!  Are you paying over the odds?  Want a fixed rate, buy-to-let, no proof of income required at 5.49%  [More]

Just Do It 2024 | Your Local Building Surveyors