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The most frequently used tenancy agreement in the letting of residential properties to private tenants. These agreements are regulated by the Housing Act 1988.
The main requirement of this agreement is that landlord and tenant agree on the minimum term and amount of rent. Under the Act, an assured shorthold tenancy lasts for a fixed period of time during which it can be brought to an end only under Schedule 2 to the Act. After that time, it continues as a statutory periodic tenancy that can be brought to an end either under Schedule 2 or under s. 21.
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Terminating an assured shorthold tenancy under section 21 of the Housing Act 1988鈥揻lowchart This Flowchart sets out the procedure for terminating an assured shorthold tenancy (AST) under section 21 of the Housing Act 1988 (HA 1988) using the standard possession procedure, including the timing for serving a section 21 notice, issuing proceedings and stages in the proceedings leading to an order for possession. Where HA 1988 applies, unless a tenant agrees to vacate a property voluntarily, a landlord can only recover possession by following the procedures set out in HA 1988, ss 8 or 21, by obtaining an order for possession and enforcing it. For further guidance, see Practice Note: Assured and assured shorthold tenancies鈥攖erminating. HA 1988, s 21 allows a landlord to bring a fixed term AST to an end on giving the tenant at least two months鈥 written notice, on the exercise of a break notice during a fixed term or at the end of, or after the end of a fixed term tenancy. It also applies to...
Terminating assured and assured shorthold tenancies under section 8 of the Housing Act 1988鈥攆lowchart This Flowchart sets out the procedure for terminating an assured (AT) or assured shorthold tenancy (AST) under section 8 of the Housing Act 1988 (HA 1988), including service of a section 8 notice, issuing proceedings and the stages in the proceedings leading to an order for possession. Where HA 1988 applies, unless a tenant agrees to vacate a property voluntarily, a landlord can only recover possession by following the procedures set out in HA 1988, ss 8 or 21, by obtaining an order for possession and enforcing it. See Practice Note: Assured and assured shorthold tenancies鈥攖erminating. The procedure under HA 1988, s 8 can be used where either the tenant is in default of its obligations under the tenancy (for example failing to pay rent) or the landlord is entitled to possession on one of the other grounds contained in HA 1988, Sch 2 whether during a fixed term or periodic tenancy. Certain grounds for possession...
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The level of rent which a tenant must pay is determined by the tenancy agreement between the landlord and the tenant and which governs the legal relationship between them.Many tenancy agreements make provision for the rent to be increased during the lifetime of the tenancy, particularly if the landlord and tenant envisage the tenancy lasting for some time. On the other hand, if the tenancy is intended to be for a short period of fixed duration (as is the case with many assured shorthold tenancies) the rent may be fixed at one level for the duration of the fixed term.Precisely how the level of rent payable is fixed and what rights the landlord and tenancy have regarding rent increases depends on the type of tenancy. The main types of tenancy and the applicable legal rules governing the setting of the rent are addressed in turn below.Private sector tenanciesRent Act tenanciesWhat is a Rent Act tenancy?Most private sector tenancies today are assured or assured shorthold tenancies under the Housing Act 1988...
All deposits taken by landlords for residential assured shorthold tenancies (ASTs) in England must be protected by a tenancy deposit scheme (TDS). The parties to an AST cannot contract out of the obligations.There are two types of TDSs: insurance-based schemes and custodial schemes. They are intended to:鈥llow tenants to get all or part of their deposit back when they are entitled to it and make any disputes easier to resolve鈥ncourage landlords and tenants to make a clear agreement from the start on the property's condition so that a landlord is not left out of pocket when a tenancy expires and the tenant leavesIt is for the landlord, as opposed to the tenant, to choose which scheme to use.Deposits taken by landlords in Wales in connection with an occupation contract are governed by the Renting Homes (Wales) Act 2016 and are not covered by this Practice Note.See Practice Notes: Renting Homes (Wales) Act 2016鈥攁 summary of the key provisions and Renting Homes (Wales) Act 2016鈥攖erminating standard occupation contracts and recovering possession.What...
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Drafting notes for claim form in s 21 notice accelerated possession proceedings How to use these drafting notes A claim for possession of a residential property situated wholly or partly in England let on an assured shorthold tenancy (AST) using the accelerated possession procedure is made using Form N5B England. These drafting notes are for completing form N5B England only. Note that from 1 December 2022 ASTs and other forms of residential tenancies and licences of properties in Wales were replaced with occupation contracts under the Renting Homes (Wales) Act 2016. Existing ASTs became converted occupation contracts. For accelerated possession claims of residential properties situated in Wales, Form N5B Wales should be used. For further guidance, see Practice Note: Renting Homes (Wales) Act 2016鈥攖erminating standard occupation contracts and recovering possession. General points for issuing accelerated possession proceedings These drafting notes are designed to assist in completing form N5B England, which is the claim form where a private landlord has served a section 21 notice on the tenant...
Drafting notes for section 8 notice seeking possession of property let on an assured tenancy (AT) or an assured shorthold tenancy (AST) These drafting notes are to be used by a landlord when preparing to serve a notice pursuant to section 8 of the Housing Act 1988 (HA 1988) to seek possession of a dwelling let under an assured tenancy (AT) or an assured shorthold tenancy (AST) in England under one of the grounds set out in HA 1988, Sch 2 or an assured agricultural occupancy. How to use these drafting notes The section 8 notice should be in the following form: 鈥 Section 8 Notice for properties in England These drafting notes are for use in completing the section 8 notice only. Note that from 1 December 2022 ASTs, ATs and other forms of residential tenancies and licences of properties in Wales were replaced with occupation contracts under the Renting Homes (Wales) Act 2016. Existing ASTs and ATs became converted occupation contracts. For further guidance, see...
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Can a landlord/agent enter the common parts of houses in multiple occupation without notice to carry out repairs or show potential tenants an empty room? Would the position change if some tenants had a joint assured shorthold tenancy for exclusive possession of certain rooms as well as the ability to use common areas? Although Part 2 of the Housing Act 2004 (HA 2004) defines various types of houses in multiple occupation (HMOs), the most commonly encountered situation is where a building consists of more than one unit of living accommodation which: 鈥 are not self-contained flats 鈥 is occupied by persons as their only or main residence, but not as a single household, and 鈥 two or more households share one or more basic amenities, by which is meant a toilet, personal washing facilities or cooking facilities Such accommodation requires a licence under HA 2004 and it is assumed for the purposes of this question that this has happened. It will readily be seen therefore that where a landlord has...
A guarantee agreement to a six-month Assured Shorthold Tenancy (AST) states that the guarantee also applies any renewals or extension of the fixed term. Following expiry of the original AST, a new AST is granted for an increased rent and a longer term. The guarantor was unaware of the new tenancy. Does the original guarantee apply to the new AST? It is unclear from this Q&A whether the original term of the Assured Shorthold Tenancies (AST) has expired, or that the new tenancy agreement is a 鈥榬enewal or extension鈥. The Q&A states that a new tenancy has been granted (albeit at a higher rent than was paid in the original AST and for a further fixed term). Assuming the original term has expired, then the existing tenancy has come to an end and the new tenancy agreement creates a new relationship of landlord and tenant in which the (former) guarantor plays no part. While the
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This week's edition of Property weekly highlights includes: the coming into force of certain enfranchisement provisions under the Leasehold and Freehold Reform Act 2024, a case on defective works and building liability orders under the Building Safety Act 2022 and cases on tenancies at will, service charges, a 鈥榝orced disposal鈥 and boundary disputes.
This week's edition of Property Disputes weekly highlights includes: High Court decisions on a building safety risk that could lead to a 鈥榖uilding liability order鈥 under the Building Safety Act 2022, boundaries and rights of way related to property gifted by will and determining the precise boundary line between leasehold properties, whether or not an implied term of good faith had been breached in the exercise of discretion to consent to asset disposals, forfeiture of a lease based on rent arrears, use and occupation and the terms of an informal agreement, and an Upper Tribunal decision on the reasonableness of service charges incurred following objections from the leaseholders regarding the work completed. It also includes the Leasehold and Freehold Reform Act 2024 (Commencement No 2 and Transitional Provision) Regulations 2025 coming into force on 31 January 2025 and the HM Courts and Tribunals Service鈥檚 publication of updated guidance for the Damages Claims pilot scheme under CPR PD 51ZB.
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