ASSURED SHORTHOLD TENANCY
To qualify as an assured shorthold tenancy, a tenancy will have to fulfill all the requirements demanded of a normal assured tenancy by s. 1 of the Housing Act 1988 .
| 1 | A tenancy under which a dwelling - house is let as a separate dwelling is for the purpose of this Act an assured tenancy if so long as - |
| a | the tenant or, as the case may be, each of the joint tenants is an individual ; and |
| b | the tenant or, as the case may be, at least one of the joint tenants occupies the dwelling - house as his only or principal home ; and |
| c | the tenancy is not one which by virtue of subsection (2) or subsection (6) below, cannot be an assured tenancy . |
Both Assured and shorthold tenancies allow landlords to charge a full market rent . Assured shorthold tenancies must be for a minimum of six months, unlike previous forms of tenancy shorthold tenancies allow landlords to let their property for a short period and get it back, after 6 months.
Under changes in the 1996 Act, if you are a new shorthold tenant, you will :
Only be able to refer your rent to a rent assessment committee during the first 6 months of the tenancy if it was agreed after 28 February 1997 ;
A shorthold tenancy set up after 28 February 1997 no longer needs to have an initial fixed term .The tenancy can be on a contractual periodic basis from the outset .
Tenants who have tenancies agreed after 28 February 1997 are entitled to a written statement of the main details of the tenancy agreement .
If you have a shorthold tenancy, the landlord can regain
possession of the property 6 months after the beginning of the tenancy, provided that he or she gives you 2 months
notice requiring possession, a court order for eviction will take immediate effect once the notice has ended The
landlord has a right to possession if you owe at least 2 months or 8 weeks rent ;
If you are in any doubt about what sort of
agreement you have, you should seek advice from a solicitor, Law Centre, Citizens Advice Bureau or Housing Advice
Centre.
LANDLORD AND TENANTS RIGHTS
Unless the tenancy has a fixed term of more than 7 years,
the landlord is responsible for :
o Repairs to the structure and exterior of the property;
o Repairs to baths, sinks, basins and other sanitary installations;
o Repairs to heating and hot water installations;
o If you are renting a flat or maisonette, other parts of the holding or installations in it which he or she owns
or controls and whose disrepair would affect you.
The landlord can include a sum to cover the cost of repairs in the rent but cannot pass the costs on to you in the form of a separate service charge. Responsibility for other repairs depends on what the landlord agrees with you, the tenant is responsible for repairing their own damage to the property .
SAFETY OF GAS AND ELECTRICAL APPLIANCES
The landlord is required to ensure that all gas appliances are maintained in good order The landlord should ensure that the electrical system and any electrical appliances such as cookers, kettles, toasters, washing machines and immersion heaters are safe to use.
FIRE SAFETY OF FURNITURE AND FURNISHINGS
The landlord must ensure that any furniture and furnishings meet the fire resistance requirements in the Furniture and Furnishings (Fire) (Safety) Regulations 1988, unless he or she is letting on a temporary basis whilst, for example, working away from home.
Other
The tenant will normally be responsible for paying Council Tax, However, if the property is a house in multiple
occupation, the landlord will he responsible for paying it although he can include the cost in the rent. A house
in multiple occupation, for Council Tax purposes, is a property which is constructed or adapted for occupation
by individuals who do not form a single household or who have separate tenancies or who pay rent for only part
of the property.
The tenancy agreement should set out who is responsible for paying the Council Tax if you are in any doubt who
will be liable to pay, contact your local authority to avoid confusion.
WATER AND SEWERAGE CHARGES
You will normally be responsible for paying water and sewerage charges if the accommodation is self-contained. If you are in any doubt ,contact the water utility company for the area. The tenancy agreement should set out who is responsible for payment. If the landlord pays the charges, it may be included in the cost of the rent.
You should agree with the landlord who is responsible for the payment of bills i.e. ( gas, electricity telephone
etc.).
You have a duty to take proper care of the property and use it in a responsible way pay the rent as agreed and
keep to the terms of the tenancy agreement, unless the terms are in contravention of your rights in law
RIGHT TO ENTER
The landlord, or landlord's agent, has the legal right to enter the property at reasonable times of day to carry out the repairs for which he or she is responsible and to inspect the condition and state of repair of the property. 24 hours written notice of an inspection must be given. You should ask the landlord to set out in the tenancy agreement the arrangements for access and procedures for getting repairs done.
QUIET ENJOYMENT
You have the legal right to live in the property as your
home. The landlord should ask your permission before he or she enters the premises. The landlord cannot evict you
without a possession order from the court. If the landlord sells the freehold of the property, you will retain
any rights you have to remain in the property, as the tenancy will be binding on any purchaser
Matters such as whether you can keep pets and so
TERMINATION
Most landlords let on shorthold tenancies and many are happy to grant a tenant a further tenancy when the first tenancy comes to an end. However, if you would like the security of knowing that the landlord cannot automatically regain possession after 6 months, you can try to negotiate an assured tenancy, or a shorthold tenancy for a fixed term
If the landlord does nothing, the tenancy will automatically run from one rent period to the next on the same terms as the preceding fixed term shorthold tenancy - called a statutory periodic tenancy. The tenancy will continue to run on this basis until you leave, or the landlord replaces the tenancy, or the landlord requires possession of the property.
Before the start of a replacement tenancy a Section 20 notice has to be served on Shorthold tenancies started or agreed before 28 February 1997.
A new tenancy will automatically be a shorthold tenancy unless the landlord gives written notice that it will not be a shorthold tenancy .If the landlord agrees a new or replacement shorthold tenancy with you, you have a right to a statement of the main details of the tenancy agreement if he or she does not provide a written agreement.
When a shorthold tenancy comes to the end of the fixed term, the landlord can end the tenancy but must have give 2 months notice that possession is required, a court order can be obtained for possession, without the need of a reason for possession . If the landlord agrees a replacement tenancy, it will automatically be on shorthold terms it can either be for a fixed term or run on a periodic basis - called a contractual periodic tenancy. ( If the landlord grants you a replacement shorthold tenancy on a fixed term basis, repossession can only be gained if 2 months notice has been given during the fixed term on one of grounds for possession provided .) unless the landlord sets up a replacement tenancy on an assured basis
If the landlord is trying to make you accept
a replacement shorthold tenancy and you are in any doubt about whether to accept it, seek advice from a Law Centre,
Citizens Advice Bureau, or a solicitor.
A tenancy will not be an assured or a shorthold tenancy if :
The tenancy began before 15 January 1989 ;
It is a Business or holiday let ;
No rent or a very low or very high rent is charged ;
The landlord is a " resident landlord "
If the landlord wishes to grant an assured shorthold tenancy there is no longer a requirement to serve a notice in accordance with the Housing Act 1988, s. 20 (2) to ensure that the tenant knows, that they are entering into an agreement, for an assured shorthold tenancy .
the requirements were as follows :
| a | The notice must be in the prescribed form (s.20 (2) (a) . The prescribed form gives details of the tenancy, states clearly that the proposed tenancy . is to be an assured shorthold tenancy, warns the tenant of the nature of the tenancy, informs the tenant of his or her right to apply to a rent assessment committee and tells the tenant where to seek advice if he or she does not understand the notice .( amended Housing Act 1988 ) |
| b | The notice must be served before the assured tenancy is entered into (s.20(20(b) ). |
| c | The notice must be served by the person who is to be the landlord under the assured tenancy on the person who is to be the tenant under the tenancy (s.20(2)(c) ). |
| d | The notice must state that the assure tenancy to which It. relates is to be a shorthold tenancy (s. 20 (2) (d) ). |
