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If you’re a tenant in the UK, your tenancy is likely an assured shorthold tenancy. But, what exactly is an assured shorthold tenancy, and what does it mean in practice for both landlords and tenants?
To help you better understand, our landlord and tenant solicitor Sophie Campbell-Adams outlines five things you must know about assured shorthold tenancies.
For more information, please visit our landlord and tenant page or book a consultation with our property team on 0203 007 5500.
What is an assured shorthold tenancy?
An assured shorthold tenancy (AST) is the most common form of tenancy in the UK if you rent from a private landlord or letting agent. Since 1997, all new tenancies in the UK are assured shorthold tenancies by default unless agreed otherwise.
The main feature that makes an assured shorthold tenancy different from other tenancy types is that your landlord can evict you without reason, through a Section 21 notice.
What criteria does a tenancy have to meet to become an assured shorthold tenancy?
For a tenancy to be considered an assured shorthold tenancy, it must meet the following criteria:
- The landlord is a private landlord or housing association.
- The tenancy started on or after 15 January 1989.
- The property is the tenants’ primary accommodation.
- The landlord doesn’t live in the property.
- The monthly rent is not less than £250 (less than £1,000 in London)
- The rent is not more than £100,000 annually.
- It’s not a holiday let.
If some of the above doesn’t apply, you likely have another form of tenancy. Examples of other tenancies include excluded tenancy, assured tenancy and regulated tenancy. For more information on the different tenancies, please visit our evicting a tenant page.
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How long is an assured shorthold tenancy?
The fixed-term for an assured shorthold tenancy will typically last for a minimum of 6 months. Additionally, the term can be periodic, meaning the tenancy is rolling weekly or monthly.
After the initial fixed-term period, the landlord can legally evict the tenant without reason. To evict a tenant without reason, a landlord must serve a Section 21 notice.
What are the most commonly served eviction notices under an assured shorthold tenancy?
There are two main types of notice when serving an eviction notice on a tenant:
Section 21 evictions are known as ‘no-fault’ evictions. A landlord can only serve this type of notice when a tenant’s fixed-term tenancy has ended, or for open-ended tenancies.
Section 8 evictions are when a landlord can terminate a tenancy at any time. However, a landlord can only serve a Section 8, if the reason for eviction falls under one of the 17 grounds. The grounds for serving a Section 8 notice include a breach of the tenancy agreement, persistent late payment of rent, deterioration of the property etc.
Remember...
When serving a Section 21 or a Section 8 notice, the notice may not be valid if the landlord hasn’t fulfilled their responsibilities under an assured shorthold tenancy.
Responsibilities of the landlord.
Under an assured shorthold tenancy, there are several responsibilities a landlord must fulfil. These are:
- Provide a tenant with a copy of the gas safety certificate and energy performance certificate for the building.
- The landlord must provide a copy of the How To Rent Guide. A landlord will only need to give a copy of this guide to their tenant if the tenancy was started or renewed after 01 October 2015.
- A landlord must protect their tenant’s damage deposit in a government-approved scheme.
- Arrange a yearly gas safety check.
- Follow the correct eviction procedures if the landlord wants to evict their tenant.
If you’re a landlord, you must ensure you fulfil all these obligations. If you fail to meet some of them, your attempt to serve a Section 21 or Section 8 eviction may fall short.
An alarming study by the Office for National Statistics highlighted 9% (roughly 2.16 million people) of the tenants in the privately rented sector don’t have their deposits secured in a government-authorised scheme.
How can Britton and Time Solicitors help?
An assured shorthold tenancy can be a complicated area of law, especially when it comes to landlords responsibilities and the eviction procedure.
Therefore, if you’re a landlord or a tenant facing an eviction matter, please don’t hesitate to contact one of our experienced solicitors to ensure the correct procedure is completed. You get the best outcome for your case.
For more information, please visit our landlord and tenant page or call our solicitors directly on 020 3007 5500.
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