Assured Shorthold Tenancies - The Basics
What is an Assured Shorthold Tenancy?
An
Assured Shorthold Tenancy is the most commonly used type of tenancy in the
private housing market. The
main feature of an Assured Shorthold Tenancy is that it is issued for a
fixed period of time usually either 6 or 12 months.
It
does not give a tenant security as the landlord could if he wished to
decide not to renew the tenancy at the end of the fixed period.
The
other advantage of an Assured Shorthold Tenancy for landlords is that they
are not usually subject to rent controls.
If an
Assured Shorthold Tenancy is given for a fixed period of time of 6 or 12
months can a landlord bring this tenancy to an end before this fixed
period elapses?
The
simple answer is yes. The
landlord must however be able to show good reason for wanting to terminate
the tenancy early. The grounds
upon which a landlord can do this are governed by the Housing Act 1988 and
include such things as rent arrears, breach of tenancy and/or nuisance
type behaviour.
After the
expiry of the fixed term of the Assured Shorthold Tenancy, does the tenant
have to leave?
If
the tenant stays in occupation of the property when the period of the
Assured Shorthold Tenancy comes to an end, even if the tenancy has not
been renewed then the tenant will then obtain the benefit of a periodic
tenancy which will continue until such time as the landlord takes specific
steps to end it.
Ending
a Periodic Tenancy can be achieved by the landlord serving at least two
month’s notice on a tenant in a specific prescribed form.
The two month notice must end on the last day of a period of the
tenancy.
At
the end of the two months the tenant can leave is he or she wishes or wait
until the landlord has obtained a Possession Order from the court.
Article First Published: 18 January 2005
Disclaimer
The views on this website are not necessarily those of the Student Law Journal and is not intended to provide legal advice. Any legal problems should be specifically addressed to a solicitor.
© Student Law Journal, 2001 - All Rights Reserved
Home | News | Academic Articles | Practitioner Articles | Editorial Board | Article Submission | Contact | Links | Book Reviews