When a house is rented, a legal contract called a Tenancy Agreement is created to protect the rights of both the tenant and the landlord. The majority of tenancies are either called “Assured” or “Assured Shorthold”.
What is the difference between assured and assured shorthold tenancies?
If a property is let on a shorthold tenancy, the landlord can regain possession of the property after a fixed period, usually six months, from the beginning of the tenancy, provided that they give at least two months’ notice that they require possession.
If a property is let with an Assured Tenancy, the tenant has the right to continue to remain in the property unless the landlord can prove in court that they have grounds for possession.
How to set up each type of tenancy?
All tenancies starting on or after 28 February 1997 are automatically shorthold tenancies unless the landlord serves a notice or includes a simple declaration in the tenancy agreement stating otherwise.
What happens when a tenancy comes to the end of its term?
If, when the fixed term of the tenancy comes to an end, the tenant stays in the property and the landlord does nothing, then the tenancy will automatically run on (with the same terms as before). A new agreement can, however, be made if the landlord or tenant wishes to change the terms of the tenancy.
How should tenancies be ended?
To find out how to legally end a tenancy visit the Government website.