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Section 21 Notice To Quit

End Your Assured Shorthold Tenancy with a Section 21 Notice

This notice serves as a termination of tenancy, as the landlord requires their property back. The tenant must be given at least two months’ notice. To ensure a compliant and hassle-free end-of-tenancy process, we offer our Section 21 Notice Pack, which includes all essential legal forms and guidance.

Section 21 Notices

Section 21 Notices, which are formally known as Notices of Possession under Section 21 of the Housing Act 1988, are crucial legal tools used by landlords to inform tenants that their assured shorthold tenancy agreements are coming to an end and that they must vacate the property within a specified timeframe.

While the UK government is considering abolishing Section 21 Notices, they remain essential for landlords to manage tenancy terminations and ensure orderly property management.

What is a Section 21 Notice?

A Section 21 Notice is a legal document that landlords use to inform their tenants that they require possession of the property that is being rented. Typically, this notice is given at least two months in advance and specifies the date the tenant is expected to vacate the property. It is used when the landlord has no specific reason to evict the tenant, such as rent arrears or breaches of the tenancy agreement.

When to Use a Section 21 Notice

Landlords can use a Section 21 Notice to evict their tenants in specific situations:

  • The landlord has decided not to renew the fixed-term tenancy agreement that has ended.
  • The tenancy is currently periodic, and the landlord intends to terminate it.
  • The tenant has not paid their rent for at least two months.
  • “The tenant has violated one of the terms mentioned in their tenancy agreement.”

How to Serve a Section 21 Notice

A Section 21 Notice must be served in writing, personally or by recorded post. The notice must be served at least two months before the date the landlord wants the tenant to vacate the property.

What is Included in a Section 21 Notice?

A Section 21 Notice must include the following information:

Please provide the following information:

  • – The name and address of the landlord.
  • – The name and address of the tenant.
  • – The address of the rental property.
  • – The date the landlord requires the tenant to vacate the property.
  • – The reason for eviction, if applicable.
  • – A statement informing the tenant of their right to challenge the notice.

What Happens if a Tenant Challenges a Section 21 Notice?

If a tenant contests a Section 21 Notice, the landlord may have to apply to court for an eviction order. The court will review the evidence from both parties and decide whether to grant the order.

How to Avoid Disputes with Tenants

Landlords can avoid disputes with tenants by:

  • We are serving Section 21 Notices correctly.
  • I am keeping records of all communications with tenants.
  • I am seeking legal advice if necessary.

Protect Your Rights with Our Section 21 Notice Pack

Don’t risk a messy dispute or, worse, in court. Get your premium and up-to-date Section 21 Notice Pack today and ensure you end your tenancy with the RIGHT legal forms and fill them out correctly.

 

  • You can use a prescribed template to fill in and print a comprehensive Section 21 Notice.
  • A checklist for serving a Section 21 notice, including all necessary information.
  • Section 21 covers a letter that can be used to explain the notice to your tenant. This letter is a guide only and should be amended to meet your needs.
  • You must complete a certificate of service form to prove you have served the notice correctly.
  • Here is a free tenancy agreement template that you can use for your next tenant.

Download your Section 21 Notice Pack today and avoid costly mistakes!

FAQs for Landlords Regarding Section 21 Notices

  • What is a Section 21 Notice?

A Section 21 Notice is a legal notification a landlord can serve to end an assured shorthold tenancy in England and Wales under the Housing Act 1988.

  • When can landlords use a Section 21 Notice?

After the initial fixed term of an assured shorthold tenancy has ended, landlords may issue a Section 21 Notice or do so at any point during a periodic tenancy.

  • How do I serve a Section 21 Notice?

To serve a Section 21 Notice, the landlord must provide the tenant with a written notice giving them a two-month notice period to vacate the property.

  • What must I include in a Section 21 Notice?

A Section 21 Notice should include the tenant’s full name, the rental property’s address, the date the notice is served, and the date the tenant must vacate the property.

  • What happens if a tenant challenges a Section 21 Notice?

If a tenant challenges a Section 21 Notice, the dispute may lead to a court hearing where the landlord must prove that the notice was served correctly and all legal requirements were fulfilled.

  • How can I avoid disputes with tenants when using a Section 21 Notice?

To minimise disputes, landlords should ensure that the notice is legally compliant, served correctly and that all required documents have been provided to the tenant.

  • What is the difference between a Section 21 Notice and a Section 8 Notice?

A Section 21 Notice is a ‘no-fault’ eviction notice that does not require the landlord to state a reason for ending the tenancy. In contrast, a Section 8 Notice is served when a tenant breaches the tenancy agreement.

  • What happens if I don’t have a Section 21 Notice pack?

If a landlord does not possess a Section 21 Notice pack, they can download it from the UK government website.

  • Can I get help from a lawyer with a Section 21 Notice?

It is advisable to seek guidance from a legal professional when serving a Section 21 Notice.

  • Where can I find more information about Section 21 Notices?

Detailed landlord and tenant law information can be found through the UK government’s official website, legal advisory services, or consultation with a solicitor.

  • What is the notice period for a Section 21 Notice?

The notice period for a Section 21 Notice is usually two months.

  • Can I end a tenancy early using a Section 21 Notice?

With both parties consent, It is possible to use a Section 21 Notice to end a fixed-term tenancy before its agreed expiration.

  • What should I do if my tenant does not vacate the property after I have served them with a Section 21 Notice?

If the tenant does not leave by the end of the notice period, the landlord must seek a court order for possession.

  • Can I evict my tenant without a Section 21 Notice?

No, evicting a tenant without a Section 21 Notice or a court order is illegal.

  • What is the purpose of a Section 21 Notice?

A Section 21 Notice is a legal means for landlords to reclaim their property at the end of a tenancy or during a periodic tenancy without demonstrating any fault on the tenant’s part. Its purpose is to provide landlords with a straightforward and reliable method to regain possession of their property.

  • What happens if my tenant refuses to leave the property after I have obtained an order for possession?

After a court has granted an order for possession, if the tenant refuses to leave, the landlord can request court-appointed bailiffs to enforce the eviction physically.

  • Can I use a Section 21 Notice to evict a lodger?

Section 21 Notices cannot be used to evict lodgers.

  • What should I do if I have any questions about Section 21 Notices?

It’s advisable to seek the guidance of a qualified solicitor or legal expert specialising in landlord and tenant law for specific questions or legal advice regarding Section 21 Notices.

  • What are the benefits of using a Section 21 Notice?

The benefits of this streamlined process include the ability to regain property possession without proving tenant fault. This process may also be faster than contested evictions under Section 8.

  • What are the risks of using a Section 21 Notice?

Risks may arise due to legal challenges in correctly serving the notice or meeting legal requirements, causing delays and additional expenses.

  • How can I increase the chances of my tenant vacating the property voluntarily after I have served them with a Section 21 Notice?

To increase the chances of a tenant leaving of their own accord, it’s crucial to maintain transparent and empathetic communication while offering assistance in finding new accommodation.

  • What should I do if concerned about a tenant’s reaction to a Section 21 Notice?

If there are concerns about the tenant’s reaction, approach the situation sensitively and communicate clearly and respectfully.

  • What additional things should landlords be aware of when using Section 21 Notices?

Landlords must follow the correct procedures and legal requirements while preparing for potential tenant disputes. It’s essential to adhere to all responsibilities and duties as a landlord throughout the eviction process.

However, please note that the information provided here is for general guidance only and may not be up-to-date or applicable to your situation.

You should seek professional legal advice or consult a solicitor or expert specialising in landlord and tenant law to ensure compliance with current legal standards and address any specific concerns or questions.

Legal advice can provide personalised guidance based on your circumstances and help ensure you are fully knowledgeable and protected in your tenant interactions.

End Your Assured Shorthold Tenancy with a Section 21 Notice

This notice serves as a termination of tenancy, as the landlord requires their property back. The tenant must be given at least two months’ notice. To ensure a compliant and hassle-free end-of-tenancy process, we offer our Section 21 Notice Pack, which includes all essential legal forms and guidance.

TENANCY AGREEMENT
SECTION 21 NOTICE
RENEWAL OF TENANCY AGREEMENT
SECTION 8 NOTICE
LODGER AGREEMENT
COMPLETE LANDLORD PACK
GUARANTOR PACK
PROPERTY INVENTORY
COMPANY LET AGREEMENT

ABOUT US – TESTIMONIALS – PRIVACY POLICY – TERMS AND CONDITIONS – CONTACT US

Copyright © 2023 Tenancy Agreement UK part of the Yafai.com Group – all rights reserved.

How do you Renew a Tenancy Agreement?

In an assured shorthold tenancy, signing an original agreement at the end of the original contract is unnecessary, contrary to many landlords’ beliefs.

If a tenant stays in the property after the fixed term ends, it becomes what is known as a ‘periodic tenancy’. This means the tenancy continues indefinitely (potentially many years) on the same terms and conditions in the original tenancy agreement unless both landlord and tenant agree otherwise.

Why sign a new fixed-term tenancy agreement?

The advantage for landlords and tenants is security. This is because the renewed shorthold tenancies will give an initial minimum fixed term of 6 months, and the monthly rental income will typically be fixed during this period.

Suppose the original fixed term of a tenancy agreement has ended and turned into a ‘periodic tenancy’. In that case, the landlord can notify the tenant if there is no new tenancy agreement. However, if the landlord agrees to a different notice period, this exception to the notice period applies.

DOWNLOAD YOUR RENEWAL AGREEMENT HERE

When renewing a tenancy agreement, landlords (or their agents) often request a renewal fee to cover administrative costs. However, in reality, this fee is usually waived because if a suitable tenant moves out, the property may remain empty for several weeks or longer, and the landlord will have to incur advertising expenses, which will cost significantly more than any renewal fee. It’s important to note that renewal fees are now considered illegal under the Tenant Fees Act 2019.

Discount Price: £14.95

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Section 8 Notice To Quit

What is a Section 8 Notice to Quit Template?

A Section 8 Notice is a legal document that landlords in the UK use to evict their tenants from a property. The Notice must be served to the Tenant to gain possession of the property according to the Housing Act 1988. The Notice should contain specific information, such as the grounds for eviction and the date possession is required (Section 8, Housing Act 1988).

The Notice must be signed by the landlord or an authorized representative, giving the Tenant at least two weeks’ Notice before the eviction occurs. However, if the landlord is evicting the Tenant for rent arrears, the Notice must be served at least two months before the eviction date.

You can Buy and Download your Section 8 Notice HERE

When do you use a Section 8 Notice of Eviction in the UK?

A Section 8 Notice is legally valid only if the landlord has a good reason to evict the Tenant. This could be because the Tenant still needs to pay the rent or breached the tenancy agreement’s terms. The Notice can also be used if the Tenant has caused a nuisance, used the property illegally, or is in rent arrears of 8 weeks or more. To support the eviction, the landlord must provide evidence that the Tenant has breached the tenancy agreement or is in rent arrears. More information about the grounds for eviction is available below.

After the Notice has been served, the Tenant must vacate the property within 28 days; otherwise, they could be taken to court. If the Tenant stays beyond 28 days, the landlord can apply to the court for an order of possession.

The Housing Act 1988 provides 17 grounds for a landlord to seek possession before the fixed term of tenancy has finished.

To evict a tenant, a landlord must obtain a court order for possession. However, before applying to the court, the landlord must serve a Section 8 notice to quit on the Tenant. This Notice informs the Tenant that the landlord intends to seek possession of the property and specifies the ground(s) on which possession is sought. 

The Section 8 notice must follow a prescribed format and include the grounds on which the landlord intends to gain possession and the reasons for relying on those grounds. Failure to issue the Notice will likely ensure the landlord’s ability to gain possession of the property.

What are the Grounds for issuing a Section 8 notice to quit?

Under section 8 of the Housing Act 1988, there are 17 separate grounds on which a landlord can seek possession of a property.

If the landlord wants to give Notice for ground 2, they must do so two months in advance. However, grounds 8, 10, 11, 12, 13, 14, 14A, 15 and 17 only need to give two weeks’ Notice. The landlord must follow the appropriate procedure when serving a Section 8 notice. Any mistakes made can result in severe delays.

Grounds involving rent arrears

The most common reason for a landlord to issue a section 8 notice is rent arrears, which falls under grounds 8, 10, and 11.

Section 8 Notice – Ground 8

Rent is unpaid when the Notice seeking possession is served and at the time of the hearing for a Possession Order:

Rent can be paid weekly or fortnightly, and the Tenant must owe a minimum of eight weeks’ rent. If rent is paid every month, at least two months’ rent must be owed. For quarterly payments, the Tenant must owe a minimum of one quarter’s rent over three months overdue. For yearly payments, the Tenant must owe a minimum of three months’ rent, which is also over three months due.

Section 8 Notice – Ground 10

If the rent owed to the landlord has not been paid by the time the possession proceedings are initiated and was due when the Notice seeking possession was served, it can lead to eviction. However, if the Tenant has offered to pay the rent, but the landlord has refused to accept it, the Tenant can use this as a defence in the possession proceedings.

Section 8 Notice – Ground 11

If a tenant repeatedly fails to pay rent on time, a landlord can start possession proceedings against them, even if there are no rent arrears. 

Suppose the landlord is issuing a section 8 notice based on rent arrears. In that case, it is advisable to include ground 8 in the grounds relied upon, as it is the only mandatory ground covering rent arrears. If the landlord can prove that this ground applies, the court will grant a possession order.

However, it is recommended that landlords make use of all the grounds that apply, as they will all help the court decide whether to grant a possession order.

What are the Grounds for issuing a Section 8 notice other than rent arrears?

If a landlord can prove any of the grounds listed in a Section 8 notice, they can apply to a court for possession against the Tenant.

Section 8 Notice – Ground 2

The property has a mortgage that was taken out before the tenancy. The mortgagees are now repossessing the property to enforce the charge. If you plan to rent the property, the landlord should inform you in writing before or when the tenancy starts that possession may be required under this ground.

Section 8 Notice – Ground 12

The Tenant has breached any term of the tenancy agreement (other than the ones relating to the payment of rent).

Section 8 Notice – Ground 13

The property has deteriorated due to neglect by the Tenant or someone living with the Tenant, and the Tenant has failed to remove that person.

Section 8 Notice – Ground 14

The Tenant or someone living with or visiting the Tenant is causing or is likely to cause a nuisance to neighbours or visitors to the area, or has been convicted of using the property for immoral or illegal purposes, or has been convicted of an offence in the local area.

Section 8 Notice – Ground 14A

Note that this ground is only open to registered social landlords or charitable housing trusts and can not be used by private landlords.

A couple occupies the property, one of them being a tenant, and one of them has left due to violence or threats of violence from the other partner or from a member of that partner’s family who is also living in the property.

Section 8 Notice – Ground 15

Furniture at the property has deteriorated because the Tenant or someone living with it has neglected the furniture, and the Tenant has failed to remove that person.

Section 8 Notice – Ground 17

The Tenant, one of the tenants, or a person acting on behalf of the Tenant has given false information to the landlord, resulting in the landlord granting the Tenant the tenancy.

When issuing a Section 8 notice to quit on a tenant, it is advisable to use all applicable grounds. This is because specific grounds are considered only at the court’s discretion and are often hard to substantiate.

How do I serve a Section 8 Notice on a tenant?

Landlords or their representatives must serve a written Section 8 notice to start the eviction process in the UK. This Notice should be served following the Civil Procedure Rules.

The Section 8 Notice must be served by one of the following means:

Please find below a more precise and error-free version of the text you shared earlier:

There are four ways to serve a notice to a tenant:

1. In-person: You can serve the Notice to the Tenant in person.

2. By post: You can send the Notice to the Tenant by first-class post. If you have a forwarding address for the Tenant, you can send the Notice to that address instead.

3. By leaving it at their last known address: You can leave the Notice at the Tenant’s last known address, either with a person of suitable age and discretion or affixed to a conspicuous part of the premises.

4. By email: You can send the Notice to an address you reasonably believe to be the Tenant’s current email address.

Please note that you need to keep a record of the date and method of service, as you may need to provide evidence in court if the Tenant disputes the Notice. 

It’s important to remember that service by email or post is only valid if the Tenant receives the Notice within the required timeframe. Depending on the grounds for eviction, this can be either 14 or 28 days. You may need to serve a new notice if the Notice is not received within this timeframe.

Please refer to Practice Direction 55A of the Civil Procedure Rules for further information.

What happens if a tenant does not leave after a Section 8 Notice has been served?

If a tenant fails to vacate the property even after receiving a Section 8 notice, the landlord can apply to the court for a possession order to legally require the Tenant to leave. Before applying to the court, the landlord must ensure that the Notice was validly served and that the notice period has expired. 

The landlord can apply to the court online or by completing a paper form and sending it to the court office. The court will review the application and check if the landlord has followed the correct legal process and if the Tenant has breached the agreement. If the court decides that the Tenant has breached the deal, they will issue a possession order requiring the Tenant to vacate the property.

If the Tenant still refuses to leave, the landlord can apply for a warrant for possession from the court, which allows bailiffs to evict the Tenant. However, it is essential to note that the landlord must follow the correct legal process when evicting a tenant, or the Tenant may take legal action against the landlord.

Does a Section 8 notice to quit guarantee a possession order?

If you are a landlord and want to evict a tenant before the end of the fixed term of the tenancy due to a breach of the tenancy agreement, you can issue a section 8 notice to quit. It’s important to note that giving such a notice doesn’t guarantee that the court will grant a possession order. The outcome largely depends on the grounds relied upon and the strength of the landlord’s argument.

Grounds 2 and 8 are mandatory grounds for a section 8 notice. If the landlord relies on one of these grounds and can prove to the court that it applies, then the court will have no choice but to issue the landlord with a possession order.

On the other hand, grounds 10, 11, 12, 13, 14, 14A, 15 and 17 are discretionary. This means that even if the landlord can prove that one of these grounds applies, the court may sometimes rule in their favour. In such cases, the court will weigh up the facts and decide based on what they consider fair and reasonable.

If the court is satisfied that the landlord is entitled to possession on one of the grounds, they will grant a possession order to take effect within 14 days. However, if the Tenant experiences exceptional hardship, the court may extend this period to six weeks.

If you need to evict a tenant and gain possession of your property, you can use a form such as the one provided on this website.

What are the costs associated with a Section 8 Notice?

The costs of serving a Section 8 Notice for a landlord in the UK depend on the specific circumstances of the tenancy.

When serving a Section 8 Notice, landlords may incur court filing fees and the expense of hiring a court bailiff to deliver the Notice. The costs may vary depending on the court’s jurisdiction, so it is advisable to contact the local court to obtain an accurate estimate.

Aside from court costs, landlords may also need to pay their legal fees to create the Notice and represent themselves in court should the Tenant respond to the Notice. The cost of legal fees may differ depending on the case’s complexity, the time required to prepare the Notice and the legal representation chosen.

Lastly, landlords may be responsible for paying any expenses related to evicting the Tenant from the property. These may include removal costs, locksmith fees, and other associated expenses.

Anticipating 2023: Projections for Housing Prices – What to Expect?

Are you ready for house prices to dip?

Industry analysts predict a fall in house prices in 2023 after a 24% increase over the past 32 months. Learn what this means for your next property purchase.

The Property Price Consensus

A general consensus among 13 sources surveyed is that UK house prices will likely decrease in 2023. The forecasted price drops range from 5% to 8% (with an average of 6%) across the market.

However, it’s important to note that this decline is often just a correction to the significant increases seen over the past two years. Asaam, Halifax Home’s director, highlights some of the most crucial house price increases the market saw between March 2020 and August 2022. The average house price increased by almost £55,000 (23%), reaching a record high of £293,992.

Despite the projected fall in house prices, Robert Gardner, Nationwide’s Chief Economist, suggests a good chance of a soft landing in the property market. He believes the risks are skewed to the downside, but it’s still possible to achieve a relatively soft landing next year with activity stabilising modestly below pre-pandemic levels. House prices may also gradually decrease by around 5%.

It’s worth noting that the UK is not one homogenous housing market when predicting house price changes. Instead, it comprises countless smaller regional markets, each with its dynamic influencing its performance. Savills, for example, expects the most severe falls in house prices for 2023 to be in London and the South East, with a decrease of between 11 and 12.5%. In contrast, Savills forecasts that house prices in the North West, North East, Yorkshire and the Humber regions will only decrease by 8.5%.

Savills also believes that the Prime housing market, or the top end, may be more resistant to falling prices. Central London houses are projected to fall by only 2%.

Factors Affecting Prices

The decline in house prices may be due to various factors, which have worsened due to the pandemic. The pandemic has led to a rise in inflation, which has compelled the Bank of England to raise the Bank Rate from its historically low levels. Additionally, household costs, such as energy bills, are likely to increase, putting a strain on family budgets. These financial pressures, higher mortgage rates, and the cost-of-living crisis will likely result in fewer first-time buyers and buy-to-let investors. This will reduce the demand side of the equation, leading to lower house prices.

The outlook for property transactions in the year ahead

The number of home sales is an essential indicator of the UK’s housing market’s health. Savills has predicted that the number of home sales, which was 1.1 million in 2022, will remain at least 900,000 in 2023. However, there is some positive news: December’s Rightmove data showed an 11% increase in the number of views for homes for sale compared to the previous year.

Will House Prices Bounce Back in 2024?

The outlook for house prices in 2024 is uncertain and depends mainly on the severity of the decline in 2023. Savills predicted a significant recovery in all regions between 2024 and 2027. However, the OBR suggests that house prices will continue to fall in 2024, with a combined decrease of 9% over two years. Similarly, Knight Frank forecasts that house prices will decline by another 5% in 2024 before starting to pick up again in 2025 and rebounding more significantly in 2026.

In summary, it is hard to predict the state of the British property market in 2024. While the house price downturn starting in 2023 might worry some, it is essential to remember that many factors are in play, and such corrections are not uncommon.

Also, Please do download your latest Landlord Saver Pack for 2023/4 which includes all the latest forms and notices you will need.

TENANCY AGREEMENT
SECTION 21 NOTICE
RENEWAL OF TENANCY AGREEMENT
SECTION 8 NOTICE
LODGER AGREEMENT
COMPLETE LANDLORD PACK
PROPERTY INVENTORY
COMPANY LET AGREEMENT

ABOUT US – TESTIMONIALS – PRIVACY POLICY – TERMS AND CONDITIONS – CONTACT US

© 2023 Tenancy Agreement UK. All Rights Reserved.

“The end of ‘no-fault’ evictions” – what does it mean?

The Queen’s Speech on 11 May 2022 stated that the much-awaited Renters Reform Bill will be introduced during the next parliamentary session. This Bill is expected to bring about a significant change in the relationship between tenants and landlords by getting rid of Section 21 evictions.

The proposed amendment to the Housing Act 1988 will provide much-needed security for private tenants and tenants of Registered Providers across the country. Under the current system, tenants can be evicted for merely challenging unfair practices by their landlords, which has been a major issue in the private sector for a long time.

To ensure that landlords’ possession rights are not unprotected, the Bill will also seek to reform and strengthen those rights, especially in cases of severe antisocial behaviour. Landlords have long relied on Section 21 as a ‘no-fault’ eviction tool to ensure that properties can be returned where necessary, and the Bill will address their concerns.

The abolition of Section 21 means that landlords are no longer guaranteed a possession order and must instead provide evidence of specific grounds for seeking possession, as outlined in Section 8 of the HA 1988. Furthermore, discretionary grounds for possession can be subject to additional proportionality requirements, and the Court could give a tenant one last chance using a suspended possession order.

The impact of the Renters Reform Bill on the tenant/landlord relationship is yet to be seen, but the changes outlined in the Bill will provide a much-needed shift in the balance of power.

The repeal of Section 21 has been a topic of much debate, as it will significantly affect how landlords approach tenancy agreements. Landlords are understandably concerned about the repeal’s impact on their tenancies.

The repeal of Section 21 means that landlords can no longer pursue no-fault possession proceedings when seeking to end a tenancy. Instead, they will have to use Section 8, which comes with challenges – including the additional time, costs, and evidential burden in seeking possession.

In response, the government has promised to strengthen the existing Section 8 grounds for possession, including introducing more substantial grounds for repeated rent arrears and reducing antisocial behaviour notice periods. This is a welcome move, as the current cost of living crisis has made it increasingly difficult for landlords to manage rent arrears.

The government has also promised to make the court process for Section 8 proceedings more efficient and quicker for landlords. However, this will depend on the courts’ funding level, as they are currently facing an ever-increasing backlog.

Proposals are being put forward for circumstances where no-fault possession could be retained. For example, the National Housing Federation has suggested that registered providers should be able to pursue no-fault possession of supported housing and temporary accommodation. This would ensure that landlords are not discouraged from providing these services due to the higher risk of repealing Section 21.

Ultimately, the repeal of Section 21 will have a significant impact on landlords. While the government has promised to make the court process more efficient, landlords will still need to be aware of the additional costs and evidential burden associated with Section 8 proceedings.

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Assured Shorthold Tenancy

What exactly is meant by Assured Shorthold Tenancy?

This refers to a form of tenancy involving an arrangement between a private residential landowner and his tenant who rents his property.

It’s worth mentioning that all the tenancies created on January 15, 1989, are automatically considered Assured Shorthold Tenancies, provided no special notice is given to indicate otherwise. This means that even if there is no written agreement or oral contract between a tenant and landowner, the tenancy will be considered Assured Shorthold Tenancy. As a result, both tenants and landlords are entirely protected and secured by the Housing Act 1996 and the Housing Act 1988.

Requirements for obtaining an Assured Shorthold Tenancy

Many factors determine if a tenant or a landowner is eligible for Assured Shorthold Tenancy. If the agreement fulfils all the following criteria, it will act as an Assured Shorthold Tenancy.

  • If the annual rent of a tenant is less than £25,000.
  • Any tenant shifted to a new property on February 28, 1997, or after that.
  • If a tenant uses the services of a private landlord to rent a property
  • If a tenant has certain rights in the property for privacy, and the landlord cannot make an entry into the property without going through a mutual agreement

A tenancy will NOT be considered an Assured Shorthold Tenancy under the following conditions:

Several factors determine if a tenant or a landowner is NOT eligible for Assured Shorthold Tenancy. If the agreement fulfils all the following criteria, the tenancy will not be considered Assured Shorthold Tenancy.

  • If the annual rent of a property is more than £50,000
  • If the rent of a property is meagre, or the property receives no rent at all.
  • If a property acts as a holiday home
  • If a property is rented out to a private limited company
  • If the government or crown owns the property
  • If a property is rented out with more than 2 acres of agricultural land or comes under the agrarian tenancy.

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Housing Act 1988

The Housing Act of 1988 concerned itself with the private rented sector and was used to cover many of the UK legislation laws for this sector.

By spending more than 250 hours, the government has prepared these laws to make the private renting Sector much more efficient and fairer to the landlords. All the rulespassedwerews come to The Housing Act 1988 covers all the legal responsibilities and statutory rights for tenants and landlords.

It’s pretty standard to see conflicts between various clauses mentioned in the Tenancy Agreement and the statutory rights mentioned in the Housing Act. The main reason is that many notorious and novice landlords modify these agreements without considering the statutory rights. If this type of case arises, the tenancy agreement is deemed invalid, as the ruling law is the Housing Act, and it cannot be overruled.

The Official Housing Act 1988 can be accessed online.

Since the Housing Act 1988 was introduced, many drastic revisions have been made; prominent revisions were added to the Housing Act 1996.

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Housing Act 1996

The Housing Act 1996 consists of several revisions made to the Housing Act 1988.

Some drastic changes were introduced with the Housing Act 1996 that were applicable from February 28, 1997.

You can access the Official Housing Act 1996 online.

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Tenancy Agreement Terms and Definitions

Assured Tenancy – This tenancy gives tenants the right to remain in the rented property until the landlord approaches the court. It provides a valid reason to evict the tenants, for instance, damage to property, etc.

Assured short-hold tenancy is the most common type in the UK. This is quite similar to an Assured tenancy, but the only exception is that it lasts over six months. This type of tenancy is prevalent as it allows landlords a facility to give any notice to end any agreement quickly.

Buy to Let (BTL) – This is more of an investment strategy whereby individuals buy a residential property or home to let it gain profits.

Buy to share (BTS) – This is a practice whereby individuals buy a property or home to rent out some portion of the property to help them pay the mortgage.

Deposit – A deposit is a fixed amount of money generally taken by letting agents or landlords at the beginning of a tenancy period to cover future losses or expenses on the part of tenants, for instance, damage and rent arrears.

DSS: Claiming state benefit from housing benefit.

Guarantor – Individuals who provide the landowner with a warranty about the tenant.

House in Multiple Occupations (HMO) – These are the forms of accommodations many people share.

Inventory – A complete list of all the items in the property, including their usage conditions.

Landlord – Refers to the individual who owns the property or the one whom you pay your rent. This may also refer to the property-free holder that provides you tenure for leasehold.

Live-in landlord – A property holder who lives in a property but rents out a portion of this property to tenants.

Live-out landlord – A type of landlord who doesn’t live in a property he rents to his tenants.

Lodger – A tenant who rents a room in somebody else’s home, generally in a live-in landlord’s home.

Per Calendar Month (PCM) – This term is used for the time when you pay your monthly rent.

Sublet – This is an agreement whereby the existing tenant rents out a portion of the property to another.

Rent – Total amount of money charged monthly by a landowner to rent out his/her property.

Tenancy – An act of occupancy when you officially become a tenant.

Tenancy Agreement: A type of Legal agreement between the tenant and landlord. This can be both verbal and written.

Tenancy Deposit Scheme – A scheme introduced by the government in 2007 to safeguard the deposits given by tenants to the landlords.

Tenant – A tenant uses someone’s building to live and pays a fixed monthly rent.

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What is meant by a Tenancy Agreement?

A Tenancy Agreement is a contract that serves as an Assured Shorthold Tenancy between a Tenant and a Landlord, with all stipulated terms and conditions about their rental Agreement.

There is no need to get a written Tenancy Agreement as long as the fixed period tenancy is more than three years; in this case, it can become an Oral Tenancy Agreement. However, it is strongly recommended that there be a written agreement so that all terms and conditions can be clarified and used as proof in case of any dispute.

There are many forms of Tenancy Agreements available, and all of them should consist of the following aspects:

  • Dates: The exact date when the Agreement was prepared
  • Landlord Details: It contains all the addresses and other details about the landlords.
  • Tenant Details: It contains all the addresses and other details about the Tenant (s).
  • Property Details: It contains all the addresses and other details about the property being used for renting.
  • Term: The starting and ending date for tenancy. Sometimes, this is also called a “fixed term.”
  • Rent: This is the rent to be paid by the Tenant to the Landlord. This may also contain the method and the exact date of payment of rent.
  • Deposit: This part contains the total amount of the deposit that needs to be deposited and what things this deposit will cover.
  • Deposit Scheme: This part consists of a Tenancy Deposit Scheme in which the deposit is usually secured.
  • Landlord’s Obligations: This usually contains the responsibilities and duties of the Landowners.
  • Tenant’s Obligations: This usually contains the responsibilities and duties of the Tenant towards his Landlord and property.
  • Other Special Provisions: This usually contains other special provisions agreed upon between the Tenant and Landlord, for instance, pets, sub-letting, smoking, etc.
  • Signatures: It’s mandatory to sign Tenancy Agreements by both the Tenant (s) and the Landlord (s).
  • Witnesses: Though it is not legally necessary to have any witness sign the Agreement, it can be beneficial in cases where the signatures can be disputed by the Tenant(s) or the Landlord(s).

The guidelines for what should be mentioned in a Tenancy Agreement can be found in the Housing Act 1988.

How to Obtain your Tenancy Agreement?

You can obtain a Tenancy agreement using many sources or even for free. However, getting your copy from a trustworthy supplier with an up-to-date and utterly legal version is crucial. We are here to provide Tenancy Agreements prepared by award-winning and reputable professional solicitors.

We sell all our Tenancy Agreements at an unbelievably low price of £14.95. Contact us to Buy a Tenancy Agreement right now.

TENANCY AGREEMENT
SECTION 21 NOTICE
RENEWAL OF TENANCY AGREEMENT
SECTION 8 NOTICE
LODGER AGREEMENT
COMPLETE LANDLORD PACK
PROPERTY INVENTORY
COMPANY LET AGREEMENT

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