An Assured Shorthold Tenancy is the most frequently used tenancy agreement in the letting of residential properties. This type of agreement is also referred to as an ‘AST’ or ‘Shorthold Tenancy’.
The usual period of time arranged for Assured Shorthold Tenancy agreements is a six month period, but is commonly arranged for a longer period, e.g. twelve months. This type of tenancy allows the tenant to remain in the property for the first six months, or initial fixed period.
The main stipulation of this type of agreement is that the landlord and tenant agree on the minimum term and amount of rent. This agreement gives the tenant assurances on the amount of rent required of them and also allows the tenant the right to challenge excessively high rent or changes in the agreed rent.
With this type of tenancy the tenant has the following rights:
1. The right to live in the accommodation undisturbed
2. The right to live in a property in good repair
3. The right to information about the tenancy
4. Protection from eviction
The landlord in turn, has the right to guaranteed possession after the initial agreed period. The landlord is therefore able to evict the tenant after the initial fixed term without a legal reason. If this is the case and the landlord does not wish to renew the tenancy then they are obliged to give at least two months' notice to end the tenancy. However, if both parties are happy with the existing arrangements another tenancy period can be agreed, for a new fixed time.
The Housing Act 1988 defines several main criteria for an Assured Shorthold Tenancy to be set up:
- The property must be let as separate accommodation
- The property must be the tenant’s main or principal home
- The tenant should be an individual
However, there are some circumstances in which a shorthold tenancy cannot be used. For example, when a property is:
- Being let for a very high rent (more than £25,000 per year)
- Being let for a very low rent/at no cost
- Being let as a holiday home
- Being let to a tenant while the landlord is residing in the same property
- Being let with more than two acres of agricultural land or an agricultural tenancy
- Being let under a tenancy which began prior to the 15 January 1989, or which was formerly a protected tenancy
- Being let to a private limited company
- Owned by the Crown or a government department
The Assured Shorthold Tenancy has become the most commonly used tenancy agreement for residential properties since its introduction in 1997.
So how do you know if as a tenant you have an Assured Shorthold Tenancy?
There are a number of factors which will determine whether or not an Assured Shorthold Tenancy has been agreed. You will have an AST if:
- You took occupancy of the the property on or after 28th February 1997
- You are renting from a private landlord
- You have rights which entitle you to privacy in the property where the landlord cannot enter the property without mutual agreement
- The landlord is not living in the same property as you
- You are paying less than £25,000 per annum in rent.
- You may also have an Assured Shorthold Tenancy if you moved into the property between 15th January 1989 and the 28th February 1997, and the landlord made you aware that you were entering into an Assured Shorthold Tenancy agreement.
The main thing to remember whether you are a tenant or a landlord, is that tenacy agreements are put in place to protect your respective rights. Although a verbal agreement is technically legal, a simple verbal contract can lead to problems, for instance with rent payments and deposits.
In the case of an oral agreement, you may decide on the date of the start of the tenancy,the rental price and when it is to be paid, whether it includes fuel and bills such as water rates and who is allowed to stay in the property. However, the agreement only becomes legally binding once a landlord has accepted rent from a tenant.
The main issue with verbal agreements is that if a dispute arises there is no proof of what arrangements were made and agreed upon. Furthermore, if a specific problem arises on which no verbal agreement was made it may cause contention. If a dispute went to the courts, there would be no written tenancy agreement as evidence, so it may be that the rights of one party or another cannot be met.
Therefore, it is in the landlord and the tenant’s best interests to have a tenancy agreement in writing to ensure that both sides understand their rights and responsibilities. An agreement in writing will also prevent disputes over what the verbal agreement contained.
To ensure your peace of mind, Northfields Estates provides a written tenancy agreement as part of our award-winning lettings service. For more information about letting out a property with Northfields or to schedule a free valuation of your lettings property, call Carla Ferguson on 0208 567 6660 or click here to request a valution online.