The most common type of tenancy for residential property in England and Wales is an assured shorthold tenancy. New residential lettings are automatically assured shortholds unless the landlord and tenant opt out. They do not apply to mixed use properties such as pubs, or where the tenant shares the property with the landlord.
It’s a very usual kind of tenancy agreement and the maximum of new tenancies are automatically allocated to this agreement. Before you shift in, you should be offered a tenancy contract to sign. Under an AST your tenancy normally endure for a minimum of a year. This agreement will give a rough idea as how much rent you pay, who is accountable for any repairs or ruinations, and precisely how long your tenancy will be. From the beginning of this contract, you are performed to pay up the agreed installments timely
Security of tenure
Tenants with assured shorthold tenancies are entitled to occupy the property for the fixed term, provided they pay the rent and keep to the other terms of the tenancy. There is currently no minimum length of term, although a government consultation recently took place on a minimum of three years.
No fault possession
The landlord can, to recover possession on or after the end of the fixed term, serve at least two months’ notice under section 21 of the Housing Act 1988. This is often known as the no-fault or accelerated possession procedure. This notice must be in an officially prescribed form.
Tenancy agreements and inventories
Tenancy agreements which do not comply with the legislation may not be valid, making it difficult for the landlord to enforce the terms. Prudent landlords will use a ready made agreement or obtain professional advice.
Making sure that you have an assured short hold tenancy agreement is certainly the correct route to go down. Not only do you have all of the tenancy rights stated above, you also have the contentment in knowing that your rent cannot enhanced without your agreement all through your contract. An ‘Assured short hold tenancy agreement’ (AST) let a landlord to liberate a property to a tenant while retaining the correct to retrieve the property at the end of the term of the tenancy. However, the landlord will require offering the tenant at least two months’ notice of any pursuit.
Return of the deposit usually depends upon the tenant returning the property to the landlord in the condition it was in at the outset, fair wear and tear excepted. Landlords should ensure that an inventory of any items included in the tenancy and a condition report on the state of the property is attached to the tenancy agreement. Using an inventory clerk to make detailed notes on the contents and condition of the property before the tenancy begins will protect the landlord and avoid tussles over whether the tenant’s deposit should be returned. For more details of how an inventory clerk can help landlords and letting agents, click here: https://inventorybase.co.uk/blog/what-does-an-inventory-clerk-do-and-should-i-hire-one/.
Tenancy deposits and other legal requirements
Landlords who take a rent deposit must make sure that it is deposited in an approved tenancy deposit scheme. Landlords must also give their tenants a copy of the latest ‘How To Rent’ guide and check that every person who is named on the tenancy agreement or who will be using the property as their main home has the right to rent in the UK.
We will escort you through the dangers of negotiating an AST and assist you to safeguard your position while building up both yours and your tenant’s rights and duties clearly.