Introduction
-
as a result of the
Housing Act (residential tenancy act), the Assured Shorthold Tenancy agreement (AST) has become the most common form of residential letting
contract in the UK. This is what most residential landlords use to have a
contractual relationship with their tenants. The Assured Short Hold
Tenancy Agreement applies to English properties and the Short Assured
Tenancy applies to Scottish properties. This agreement allows the
tenant to rent a property from you in exchange for a market rent. These
can be made for a specific period of time, for instance, one academic
year, but in England they will not usually be made for a period of less
than 6 months and in Scotland they can not be made for a period less than
6 months.
Shorthold vs. Tenancy
-
assured
shorthold can be identified from assured tenancies by having an additional
ground for possession option to the landlord; there does not have to be
any specific reason stated, and the landlord simply has to give two months notice. In addition, landlords can use
the Accelerated Possession Procedure, (which is a a more speedier method
compared to a county court hearing), in a situation where the tenant
refuses to leave. The Assured Shorthold Tenancy Agreement usually
has a shorter tenancy period than the Assured Tenancy.
AST Exclusions
- the following are
not covered by the Assured Shorthold Tenancy Agreement; business
tenancies, Company Lets, Holiday Lettings or a property where the annual
rental value exceeds £25,000.
Signing Process
- You should get your
tenant to sign the AST agreement before they take possession of your property.
Two copies should be prepared (the original and counterpart), which should
both be signed by your tenant. You keep the original copy and give your
tenant the counterpart. It is always prudent to ask for a witness to sign
in the presence of the tenant signing, in the unlikely event of any future
legal disputes.
Joint
versus Separate
Tenancy Agreements - the choice is up to you; If you let to
students sharing, you might insist they sign a joint tenancy (where all
are jointly responsible for the groups debts as a result of damage).
Alternatively, in a separate agreement with each student, each is
responsible for any damage they might have individually caused.