Assured Tenancies In Detail
If you’re looking to become a landlord or advertise your property via an online property agent, then one of the most common tenancies you’re likely to go with is an assured short-hold tenancy – also known as an AST. One of the most defining factors of an AST is that the landlord has the right to evict tenants after serving them a notice. However, a landlord must obtain a court order for possession , making the process quite complex. A Landlord must also prove that the eviction is on reasonable grounds.
What Does Assured Tenancy Mean?
- A tenancy agreement must exist.
- Tenants’ deposits must be protected via a Deposit Protection Scheme.
- Landlords are responsible for all repairs within the property.
- Landlord are responsible for ensuring appliances are safe and in good condition.
- A Landlord must obtain a Gas Safety Certificate for the property as well as an EPC rating.
- Tenants are responsible for minor repairs.
- The property must be the tenant’s main address.
Assured tenancies start as fixed term tenancies. Once this ends, the tenancy rolls into a periodic tenancy, unless a new fixed term tenancy is agreed with the landlord. When ending a tenancy, there are only three ways to do so:
- Tenants surrender the tenancy after an agreement with the landlord.
- Tenants are served a notice by the landlord.
- The landlord gains possession of the building under Section 8 laws. If the landlord tries to do this on their own, they risk committing a criminal offence without following the proper, legal procedure or securing evidence that their repossession is justified. Grounds include owning more than eight weeks rent, anti social behaviour or a redevelopment of the property.
There are also a series of discretional grounds which can be hard to prove, but through which courts will set a suspended possession order, meaning tenants can remain at the property as long as they follows the rules. An AST works very well from both the landlord and the tenants’ point of view. They will not bind a tenant into a lifetime at one single address and equally, will mean the landlord can take the property back when it suits them.
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