Assured Shorthold Tenancy Agreement
This article was written on 19 May 2008
What is an Assured Shorthold Tenancy Agreement?
A tenancy agreement is a legal agreement in writing that sets out the rights and responsibilities of both landlord and tenant. It will contain details such as the length of the agreement, the rent payable, and what is and isn’t allowed in the property, such as pets.
The AST is one of the most common in the private rented sector. If your tenancy began, or was agreed, on or after 28 February 1997, it is likely to be an Assured Shorthold Tenancy. Tenancies starting, or agreed, before that date but after 15 January 1989, are more likely to be Assured Tenancies. Yes, there is a difference between a “Assured Shorthold Tenancy Agreement” and a “Assured tenancy”
An AST should be used where you are renting a property to just one person, or where you are renting to multiple tenants (that know one another). The advantage of this type of agreement with shared properties is that the tenants have ‘joint and several liability’ i.e. the landlord can claim all of the rent from each of the tenants, not just their own share.
The agreements are not suitable if you want to rent to a number of tenants separately, for example if they are strangers and have different rates to pay, or the rent is over £25,000pa

How long can the agreement last for?
An Assured Shorthold Tenancy can be for any length of time, but it must be for a minimum of 6 months. The landlord and tenant may agree on a fixed term of less than six months. However, the tenant has a right to stay in the property for a minimum period of six months, regardless of what the agreement stipulates.
At the end of the term if the tenancy agreement is not renewed, it then becomes what is known as a Statutory Periodic Assured Shorthold Tenancy Agreement. The terms of the original tenancy agreement still apply, but the tenancy continues on an agreed period by period basis. There’s also what is known as a Contractual Periodic Tenancy; this is when no term for the end of the let is set and the tenancy agreement simply continues until either party decide to bring it to an end.
Regardless of which status your agreement is in (fixed term or statutory), the landlord still has to give two months notice to the tenant and can’t obtain possession (before 6 months of the tenancy agreement has elapsed) other than by satisfying certain of the prescribed grounds.
Tenancy Deposit Protection Scheme
All landlords and letting agents who take deposits for Assured Shorthold Tenancies in England and Wales must join a Government-authorised tenancy deposit protection scheme. Within 14 days of receiving the deposit the landlord must provide the tenant with details of the scheme chosen by him to safeguard the deposit. More details on Tenancy Deposit Protection Scheme.
Who keeps the Agreement?
The Tenancy Agreement should be signed, distributed and held by all parties (landlord(s) and tenant(s)).
What’s in a Assured Shorthold Tenancy Agreement?
Here are just a few of the issues the contract should cover:
- The amount of rent and deposit payable and the term of the tenancy
- Right of landlord to charge interest on late rent payments
- Tenant’s obligation to pay bills and council tax
- Tenant’s obligation to keep the property and any garden in good order and repair
- To use the property for residential purposes only
- Not to cause nuisance or annoyance to others
- Not to keep pets without written permission
- Not to leave property unattended for more than 21 days without informing landlord
- Prescribed information about the tenancy deposit scheme.
Remember, an agreement can be amended by adding or removing any terms as required, as long as they do not conflict with law. Both the tenant and landlord have rights and responsibilities given by law. The tenancy agreement can give both the tenant and landlord more than statutory rights, but cannot give less than your statutory rights.
Basic rights
There are basic obligations a tenant and landlord must obey even if they aren’t set down in the agreement, but which are given by law and are implied into all tenancy agreements. These terms form part of the contract, even though they have not been specifically agreed.
Some of the most common implied terms are:
- The landlord must carry out basic repairs
- the landlord must keep the installations for the supply of water, gas, electricity, sanitation, space heating and heating water
- in good working order
- the tenant has the right to live peacefully in the accommodation without nuisance from the landlord
- the tenant has an obligation to take proper care of the accommodation.
Changing the tenancy agreement
A tenancy agreement can be changed if both the landlord and tenant agree to the new conditions. The change should be recorded in writing, either by drawing up a new written document setting out the terms of the tenancy or by amending the existing written tenancy agreement.
Ending a tenancy agreement
The right to end a tenancy agreement will depend on the type of tenancy you have. However, if both parties agree to terminate the contract, it’s a simple case of writing down the agreed termination and both signing the document.
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Here’s a copy of the agreement I use:
Assured Shorthold Tenancy Agreement
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Talk / 105 Comments
Yeah, the housing benefit are annoying like that. That's one of the reasons why I refuse to take on DSS tenants, because they make payments every 4 weeks, which makes no sense at all in regards to landlords. Landlords take payment per calender month!
The periodic shorthold inherits the exact same T&C's agreed from the shorthold tenancy agreement, which was previously agreed to. Any changes should be agreed on paper, and signed. If the tenant changes without agreement from the landlord, then they are breaching the T&C's.
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Why ask for a comment when I have not viewed anything?
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I have decided to rent my property rather than sell. I have a potential tenant who will be paying through DSS. I know nothing about being a landlord and when I was a tenant I just signed where I was told. From reading your site I now know that I need the tenant to sign an Assured Shorthold Tenancy Agreement and preferably a Guarantor Agreement. I have read the AST you have on the site and see in the General Notes it states for 'letting furnished accomodation'. Can I just change that to 'unfurnished' to suit my requirements? Is this AST a guide only? I mean, just how much of it can I alter, take out or add?
Excuse my ignorance.
Thank you for the help the site has provided so far and for any more you can give.
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You can remove the letting furnished part. And you can add/change the clauses, but be careful, because if they conflict with the tenants or landlords statutory rights, then they won't count.
Also, I've written a few articles on DSS tenants, might be a good idea to read them. Look under Landlord Advice :)
Good luck!
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However, my mind is boggled - fact! What with Tax on rental income, tenancy deposit scheme, gas safety certificate, energy efficiency certificate, home insurance, the pitfalls of a dss tenant, maintenance, no doubt the csa wanting a piece (i've yet to look in to that) etc, etc. Is the list endless or have i considered everything? At the moment I'm not sure that its actually worth it. But then, in up to 10 years from now, when I would have been selling it, I'll probably arrange for myself to have a jolly good kicking for not keeping hold of it for the profit I would have made.
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It sounds as though your landlord has changed his mind, and what's to repossess the property once the contracted term ends. Unfortunately, your landlord is with in his/her rights, regardless of what you both verbally agreed.
Best idea would be to get in touch with the Landlord/Letting Agent to find out what is going on exactly.
I hope it all works out.
Good luck.
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my daughter is having no success at getting the local authority to pay her housing benefit and community charge on a property she has a lease agreement for which i own...after a review of the 1st reason/clause (which was an unrelated section of housing act)they L>A now say their decision stands but with a different reason ? being tha the property is not let on a commercial basis !! tax will be paid on the income at the end of financial year..please i am at my wits end with them...thanx in advance...for any advice and info
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I can see how the housing benefit might well think that this is a way of you getting the rent paid by them by 'planting' one of your kids in a house you own. Quite a clever way to get a good tenant and no hassle rent payments. If the house is in the same town in which you live they are going to be doubly suspicious.
If I were them, 'Nice try' is how I'd have replied to your attempts to get them to fund your business.
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I moved into the house I'm living in now in July 2008 with two other people. Each one of us signed an AST that ends in June of this year (2009), however, about a month ago, one of the girls living in the house decided she was unhappy in the house (for personal reasons) and moved out. She understands that she has signed a tenancy agreement and must pay until the end of her contract, however, our letting agents have said that if she can find someone else to move in that that person can take over the end of the contract. We are two young women and would not feel comfortable with having a stranger in our home. Is our landlord and the tenant who has moved out acting within their rights?
Another query I have is to do with room allocation. When we moved in, we agreed amongst ourselves that I would have the smallest room and that the girl leaving would have the medium sized room. We all pay equal rent. Now that she has moved out I want to move into that room as my room is too small to even have a double bed but my landlord has emailed me and told me that I am not allowed to move into the other room as long as the girl who has moved out is still paying rent. Seen as we haven't signed any contract with regard what room we are staying in, I trust that this is outside of their rights but am not sure.
Can you help, please?
Thank you!
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Thanks!
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I wonder if anyone can help i have just 'abandoned' a property due to lack of repairs done by our landlord. Our tennancy agreement ended Feb 2008 and was never renewed. Have we broke any laws by just moving out without notice to our landlord?
thanks!
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We signed an 18 month AST with an agency, we now feel like we're paying too much rent and would like to renegociate or move, one year into our contract. It seems like our contract doesn't have a break clause so we are stuck paying the higher amount until Oct 09. Is it legal to have no break clause for 18 months? Any advice greatly appreciated. Thanks!
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I've been using the second of your downloadable AST's, no problem until now!
I now wish to end the agreement and have just noticed the AST commencement date is the 1st July 2008 but the tenant didn't sign until the 30th July 2008. Does this make the document invalid?
I hope not thanks for any answer you may forward.
Rod
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Firstly, thanks for all the info - your site is really useful to any inexperienced landlords!
Are you aware of any free Short Assured Tenancies for download (for Scottish Law)? I found one on the Edinburgh Council website - http://www.edinburgh.gov.uk/internet/Housing/Private_tenants_and_home_owners/Letwise/CEC_information_and_guidance
Only thing is, I'm looking for an agreement specifically for an unfurnished flat and I'm not sure this covers unfurnished property. Any help would be greatly appreciated. Thanks!
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I am a landlord currently letting my property under assured shorthold tenancy to 2 joint tenants. The tenancy is coming to end (after 1 year), and tenants want a periodic tenancy, which is fine with me. However, one tenant is moving abroad and does not want his name on the tenancy agreement any more. Can you give any advice aboout this? Can we draw up a deed of variation to remove this tenant's name and to make the remaining tenant the sole tenant? Or should alarm bells be ringing? Thanks.
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Thats the problem with 12 month tennancys - if something comes up after say month four you still have 8 months to run.
There are options though.
Firstly: You could offer to find a 'suitable' replecement. The key word is 'suitable' as it is upto the landlord to agree that the person meets their requirements.Notice during AST is moot as you cannot leave - period.
Secondly: You are liable to pay the rest of the rent upto the end of the tenancy. You cannot just "hand the keys back". You could come to some financial arrangement with the landlord - ie pay 3 months in cash to effectivly buy yourself out.
Thirdly: The landlord is under an obligation to 'activly' seek a new tenant but you will be liable for the costs involved - ie agency fees and REASONABLE expenses. If you leave early you will effectivly forfeit your bond unless the landlord finds someone to move in with in 30 days.
Once signed an AST cannot be broken by you, the landlord or the anyone else. This was brought in to protect the tenant from being evicted at the whim of the Landlord but now, as you are finding out, it works against you. Who has signed the tenancy - the landlord or his wife? If only the landlord then tell the wife to go and F*** herself as she cant do anything about it (apart from give the husband hell till he does what she wants!). If he is happy then GET IT IN WRITING because as soon as he has said (or even hinted you can go) there endeth your obligations to pay!
Hope this helps
Jools
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Do you rent a room or the entire house? If a room they do have to give you notice in writing (or verbal 24hrs) to enter your own room but not necessarily the communal areas.
I would suggest you speak to your local citizens advice centre regarding the legality of the agreement. If you used an agent to find your house then your contract is with the agent. If they failed to correctly complete the paperwork then it is their liability to the landlord and not yours. To be honest I would go and tell them to sue you. If you can prove to the court that you have been reasonable, received a verbal ok to leave etc then 9 times out of ten the law will come down on your side and the beak will tell the landlord/agent to get their paperwork correct next time!
Hope this helps
Jools
Please note that this is my opinion only and does not form any legal recommendation nor is it the opinion of this website or it's owner. It is your responsibility to acertain the legality of your contract.
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I have been phoned cab and cannot get through and the local law centre said that they would callme back and i have not heard from them yet.
I had a text message from the agency saying that they have 2 veiwings one on sat and one on mon and that they have a key to get in. when i asked what time they were coming they replied it doesnt matter what time we come as we have a key to let ourselves in. are they meant to give me a time or can they come whenever and let themselves in.
thanks
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It's just common bloody courtesy really!
Jools
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Sorry to hear of your predicament. You could send th eLL a bill for the work stating that you agreed to do th ework on the understanding that the tenancy was to be for a long term and that you did not expect to be f***** over at the end of the tanancy (obviously wording it in other ways!) and that you are giving him x amount of time to pay. Send special delivery.
If no response - go down to your local magistrates court and get the small claims paperwork, fill it in and then send a copy to the LL. If still no response then serve notice via the courts.
Log everything down and try to get written evidence from the agents and your other witness to add to your case.
Jools
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Jools
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Do you pay your money to the letting agent or was it a tenant find only agreement and now you deal with the LL direct?
If you pay via the agent then you need to send them a letter reminding them that under the Housing act yuo have the express right to quiet enjoyment of your property but at the moment the LL is trespassing. State that unless this stops immediately you will have no futher option than to take legal action.
I would then start looking for another property where the LL is not such a jerk.
Jools
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As stated above in the article:
"At the end of the term if the tenancy agreement is not renewed, it then becomes what is known as a Statutory Periodic Assured Shorthold Tenancy Agreement. The terms of the original tenancy agreement still apply, but the tenancy continues on an agreed period by period basis. "
Which typically means you're still contracted to the same T&C's that's stated in your previous AST (which expired in 2007). So unfortunately yes, the letting agent is with in their full rights to require 2 months notice.
Kind regards
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Your original six-month fixed-term assured shorthold tenancy agreement came to an end in 2007. This was followed by a letter that stated you would be bound by the terms of the original fixed-term should you continue living in the property on a periodic tenancy. This agreement, although dubious in itself, was broken by the commencement of a new six-month fixed-term assured shorthold tenancy on 12th April 2007. No further correspondence relating to the tenancy was received after this fixed-term expired, placing you in a statutory periodic assured shorthold tenancy, as described by the Housing Acts 1988 and 1996. It is, therefore, only necessary for you to give one months' notice to quit, beginning and ending with the date on which rent is due.
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I'm a landlord with a good and reliable tenant on an Assured Shorthold agreement who has been renting for several years, I've just had an email enquiring if I could contribute toawards a new kitchen floor and a wood burner.
The agreement states that the tenant has to "Preserve the Fixtures Furniture and Effects from being destroyed or damaged and not remove any of them from the Property."
As it's a few years should I help with the kitchen floor because fair wear & tear could well be the reason it needs replacing?
The woodburner is to replace a gas fire that was condemmed and disconnected this winter.
Can you advise please?
Thanks
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Interesting question, I am a tenant I moved in april 09 into a new flat to get a good deal me and my flat mate agreed to a 12 month agreement, I like the flat and the agents and landlord seem to decent and reasonable. I found out recently that my girlfriend is pregnant, I can not obviously really remain in my flat as it is not suitable for me to bring up a family plus is costs quite alot of money and moving means i can afford to bring up my new family. Can I find someone else to take on my tenancy and not suffer any financial hardship from ie get my deposit back? or can with my flat mates agreement use this as a vaild reason to be able to end our tenancy early?
Thanks,
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In this case it's best to talk directly to the landlord/agent and tell them the situation. As long as you can find a new, reliable tenant, I'm sure there shouldn't be a problem. In that case, you should get your deposit back and the transition should be smooth.
However, your landlord is entitled to hold you to the contract for the full 12 months. But your landlord would have to be pretty unreasonable to react like that. I personally think it should be.
Congratulations, btw.
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I am using the free AST for my next tenant. I don't understand 2.3 though - I can't find any Schedule 1 or Schedule 2. Please help!
[2.3 The Premises are let together with the right(s) for the Tenant set out in Schedule 1 [and excepting and reserving for the Landlord the rights set out in Schedule 2] ].
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Great Site!!!
Amanda
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I have added to the deposit section on the AST though. The DPS website provides a sentence which is specifically for insertion into a tenancy agreement.
Remember you can change parts of the AST provided here as long as you don't contradict any government regulations.
I've amended several parts e.g. I've removed the part about maintaining the grounds as I'm letting a leasehold flat where the management company do that.
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Thanks
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The company say they have done this many times before, but I think an AST not signed by the individual may not be against the law.
Is this right?
Of course I suggested the company acts as a guarantor, whilst the contract gets signed by the individual.
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If the company signs the AST they become the tenant and not the person living in the property. I agree the way to go is for the employee to sign the AST and the company to act as guarantor.
If there was an issue with the person living in the house under a contract signed by the company - you have to go to the company first and essentially they could replace the employee at any time without notice since they are renting the property from you.
J
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I share a 2 bedroom flat with 2 other people (which they are a couple). I have not been able to get along with them at first I talked to them about it but it is still the same way actually even worse. It feels like im a prisoner in my own room. The fact is I signed a contract for 6 months on this place so did one of the flatmates. I have only been living here since 28th of August and was hopeing because they still want to live here that there will be any chance of me getting out of this contract.?
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Have another chat with the other couple to see if you can work something out.
Jools
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Im dreding the fact I have to talk to them since they are both girls and tend to put the blame on me.I just need to live it out till the end of my contract deal. Great website and you helped a lot tahnk you.
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Which tenancy agreement are you using for your daughter and is the company letting to her or are you letting to her personally?
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I want to keep this house on as it is me and my sons home, and as he will be staying with me i dont think its fair to upheave him anymore and move.
My question is, how do i go about changing the tenancy agreement over to just my name? I have lived here for 2.8 years and have never missed a payment in my rent, i would have to claim housing benifit but to the landlord / letting agent that is not a problem as we did before.
As far as im aware i would qualify for a "2" bedreoom entitlement which could be around £90 per week, and as the rent is only £100 a week can i stay and pay the difference?
Many thanks for ay help.
Neal
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Have a chat with the Landlord/letting agent in the first instance. It may just be a case of getting your wife to sign a surrender document passing responsibility to you. Under 'normal' circumstances the agent/landlord should not necesserily disagree to this. That is assuming they are not a complete bunch of heartless w****rs!
Hope you get it sorted out!
TB
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I am a tenant in an AST and I have refused to pay the rent for the last couple of months because I have had to put up with something going wrong / breaking down / flooding in this property since I moved in 2 months ago. I want compensation and decided on behalf of the landlord that two months full rent would be acceptable to me. I know - I sound arrogant but I have been through so much that I have decided to take the law into my own hands now!
The new AST was issued in Dec '08 after a battle by me to hold the rent at its current level, with an agreement to review the amount in 6 months time - in June '09. It was reviewed and I got 100 quid off per month. A single sheet from the existing AST was emailed to me with the new rent on it, for me to sign. I did and posted the copy back to the Agents. I thought this sheet would just be an amendment to the existing AST, to be inserted into the copy the Agents held. However, a few days later a whole new AST came through my door which said the agreement was made on the 12th December 2008 but that the Tenancy would commence on the 12th June '09 for 6 months. This is fine - but I didn't sign it or have it witnessed and I don't think the landlady signed it either - the sheets are all blank. So is it valid? They are threatening to go legal to recover the unpaid rent but if the Agreement is invalid because no one signed the revision then maybe they can't take me to court?
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Never mind - if it goes to court the judge will probably side with you cos they all hate landlords.
Guess what - shit happens and sometimes - SOMETIMES it is out of the hands of the land lord. Fuck me - something breaks down - must be the landlords fault!
Hope you get royally shagged!
By the way - did you read The Landlords bit about saying please and thank you? Its always nice to say thank you when asking for advice you ignorant fuck!
TB
PS Have a nice life
PPS you are a Tenant with an AST not in an AST!
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I am new landlord, I have been renting a house out since May 2009 on a 12 month Assured Shorthold Tenancy Agreement.
I am thinking of selling the house, I know the contract is for 12 months but there is a clause in it that reads -
Special Tenancy Conditions, NOTWITHSTANDING, the provisions of the agreement relating to the Terms of Tenancy it is agreed between both parties that should the landlord wish to terminate the tenancy, he may give the required two months notice in writing, in accordance to Section 21 of the Housing Act 1988. This can be served upon the tenant at at any time but must not expire before six months from the commenrment of the tenancy.
Am i correct in thinking that I can end the tenancy after 6 months, as long as I give the notice requirement?
Much apppreciated, Holly :)
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TB
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several months ago, unbeknownst to me my brother moved in and has wrecked the property, he now claims I have to give him notice to leave , and I cant claim rent as I never asked him in the first place. any suggestions?
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I am in a bit of a problem here/ My husband and I signed an assured shorthold tenancy agreement of 12 months. It has no breakage clause. We now plan to buy our own house, but our landlord says that we are bound for a minimum of 12 months. Is he within his rights to say that? Can I not give him a one/two months notice and move out?
Appreciate your help.
Many thanks,
Neha
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Unfortunately your landlord is well with in his rights to hold you to the full 12 months (and rightly so, in my opinion). The only way out of it is if you both agree to the early notice to quit the tenancy. You could suggest to your landlord that you will find replacement tenants, and see if your landlord would accept that as compensation.
Kind regards
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You will also lose your deposit if you surrender the tenancy AND will have to pay for the reasonable costs of re-letting. If your landlord is REALLY nice he may take the costs out of the deposit and return anything left to you - but he is not required to do so.
TB
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great site spent a few hours reading every thing.
i wonder if anybody can help me? i have a dss tenant good lad on a 6 month asta payments just coming 3 months later........ but the first cheque £361 has be cashed not by the tenant,which if he did and spent it on pot theirs nothing i could do about getting the money of the dss its not fraud mad rule????.hes got a crime number gone to the dss and spoke to fraud 3 weeks ago there still dealing with it? i've been give the right to see what going on in hes account but that has not shed light.. Please im lost what can i do can anyone help. thankyou.
once again great site thanks
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TB
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cheers
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The downloadable one is just for England & Wales. The CD promoted comes with an AST suitable for Scotland and a seperate one suitable for England & Wales.
Kind regards
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Thank you for maintaining such a great site, very useful!
I need help. When i relocated to UK in Oct 2008, i signed a assured shorthold tenancy agreement of 12 months without breakage clause which ended in Sep 2009. In oct 2009 my landlord sent me another AST agreement for another 12 months without breakage clause which i havent signed it yet (it is Dec 2009) but i pay the rent every month. Now i have to relocate closer to london and i want to leave the property on one month notice. When i told this to my landlord, the landlord mentioned that the term is for 12 months and it will finish in Sep 2010. The question is, if i haven't signed the agreements yet, would i still legally be liable and binding?
Thank you so very much for your help and look forward to your response.
Regards,
Arun
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If you have not signed the second AST you are fine. Just give the 1 months notice.
TB
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I said to the Landlord that I do not agree with this and either he is going to leave the property or I am going to terminate the tenancy agreement.
The landlord didn’t agree to any of those options and expects me to stay till the end of the tenancy agreement which is March 2010.
Should I take my landlord to court for breaking my right for quiet enjoyment?
I am going to leave the property anyway and I am afraid I won’t get my deposit back and the landlord may call take to court to pay remaining 2 month of the tenancy.
Thanks for any advice,
Tenant
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We have had good tenants in our home for just over 4 years, however we have the need to return to our home and wish to serve them 2 months notice. However the agents are telling us we cannot and have to wait for the complete year to finish, thus June
Can anyone tell me how to serve notice to tenants under an assured shorthold tenancy agreement please???
many thanks
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He must return to Hungary because of family problems there. He has paid a deposit which he is prepared to forfeit having defaulted on the agreement to remain for six months or find a suitable replacement tenant. However the landlord is demanding the full period of rent remaining be paid in full. The signee has insufficient english language to have understood the tenancy agreement. does this invalidate the agreement? Please advise a.s.a.p. Many thanks.
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He will need to find a replacement otherwise all his other 'friends' will have to cover his defecit.
TB
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Finally, is he able to quit the property forfeiting his deposit and then if the landlord relets the property he will no longer be liable to pay the full period of the agreement? He is needing to leave tomorrow, Saturday, effectively having paid six weeks rental comprising, two weeks till the end of Jan plus the deposit. ?? Thanks
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Do I need to draw up a new 6 mth AST although I would rather now go on a rolling periodic AST. as am i write in saying you only have to give 1 mths notice if you wish them to leave the proerty and vice versa for them?
i know tenants have rights i just don't want to sign a 6 mth AST then they want to move out in 3 mths time. Not sure how I stand.
Please help.
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My understanding is as per the comments from Jools, whatever timeframe you place on this contract you cannot break prior to the end of that.
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I am a Landlord and have been letting a property on an Assured Shorthold Tenancy for 8 months to a single mother of 5 young children. She has been an excellent tenant.
I have let the property unfurnished.
I understand that I am responsible for general maintenance to the property, but where is the line drawn?
My tenant has informed me that the door to the electric oven is broken.
It is a fitted oven rather than free standing. The door, when fully open, would remain horizontal above the floor by about a foot. She has told me that it has swung all the way to the floor causing the glass in it to smash.
The oven is only about two years old.
These kind of damages don't just happen, they are caused. My concern is the oven has been roughly treated or one of the children has sat on the oven door when in an open position.
Is it my responsibility to pay for breakages such as this?
Thank you for any advice you can give,
Matt
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I have been renting a house out since May 2009, the tenant is on a 12 Month Assured Shorthold Tenancy Agreement.
In May 2010 when the term ends if the tenant wants to stay in the house am I best to get her to sign a Contractual Periodic Tenancy Agreement or to not do anything and it run onto a Statutory Periodic Tenancy Agreement?
Much apppreciated, Holly :)
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We also found a few suitable tenants to replace us which the contract required we do, she agreed they were ok, but wished to hold on and see who else may have shown interest. The Landlady is now claiming we owe May and June's rent as she had one potential tenant pull out just after we left, and wasn't able to re let the property until the end of June.
Surely this is not correct as we found suitable tenants and gave a longer notice period than required before we moved out?
We also signed two contracts whilst in the property, the second after the first expired as it was fixed term. However, the guarantor only signed the first one and was not approached by her to sign the second. She is now claiming she will get the money off the Guarantor if we don't pay. But surely he is not liable if he didn't sign a second Guarantor form to coincide with the new contract?
Not only these issues, but the house needed lots of remediation work throughout our tenancy (it was a new Barratts home and so much needed doing). I worked freelance at the time and she stated I had to be at the house whilst the work was being carried out. I agreed as a favour and let her know I was missing work to do so, but did it anyway to help her out and it mean't we didn't have to live with the problem for longer. The bathroom also flooded due to poor workmanship and items of ours got destroyed, which she was made aware of.
Am I able to now claim loss of earnings from having to stay in while the Contractors were there (I am able to prove the lost time by the firm I freelanced for confirming in writing my lost hours), and am I able to claim for general inconvenience of having the builders round so much and the fact our stuff was damaged? I don't really want to, but if she is going to pursue the money she claims we owe, I would like to as a response. I know it was a while ago, but she has only recently been in contact pursuing money.
I have email evidence to prove dates I was needed to be at the house due to works, our notice of vacating, and the replacement tenants we found.
She is also trying to claim we stained the carpet etc and that we must pay for it to be replaced, but we have emails from a year or so ago highlighting to her this and other items of damage, which Barratts admitted responsibility for. Some of the issues came back after we vacated, but she is claiming we pay for it.
To me, it's a case of sour grapes by her because we left, but was wondering how we stood legally on these issues?
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A lot of landlords are either arrogant in that they feel they are unable to make mistakes or thieves and fraudsters in that they see a tenant who is leaving as easy money, they used to just steal your deposit fore some erroneous reason until the government got wise to it.
The likelihood is she has done this to other people before, see if you can find other people she has tried to defraud and work with them. Contact the CAB for free advice too.
When i was a young lad i had a landlord take my last months rent in cash from my hand, put it in the till of her shop then told me i owed her another £500 because i hadnt paid the rent!! She was blatant about it, and i just had to live with it, obviously i didnt pay so she stole my deposit.
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I'm a Landlord and currently have excellent Tenants on a 6 month AST but have a rubbish Agent. I'm writing to my Agent to say I no longer request their services at the end of the 6 month AST, giving the correct notice required etc. I want to manage the property myself. My question is, do I have to start a brand new 6 month AST, even though it's for the same Tenants and same agreement? I'm getting confused with whether I need to look into a Statutory Periodic Assured Short Term Agreement or maybe even consider a Contractual Periodic Tenancy? The Tenants are excellent, they are settled and happy and wish to stay in my property. please advise on what I need to do next?
Many thanks
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i am just about to rent my flat and i was wonderinjg with an AST when can i legally increase the rent?
thanks ash
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If the tenant does not agree you cannot do it - best to set a competetive and realistic rent from the outset.
Jools
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for example - housing benefit pays every 4weeks and after 3yrs
tenant wants to pay at every 22nd of every months because it appears in other arear of t/agreement without consulting or agreeing with the landlord
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