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Alternatively, have you considered purchasing our letting pack for just £15 ?
Click
here for details of the
contents of the letting pack
Generally speaking a
tenancy of a
residential property entered into after 28th February 1997
between private individuals is,
by default an Assured Shorthold Tenancy,
unless a notice to the contrary has been given. This is the opposite of what
the law was before that date. There are some
exceptions to this (eg letting
to students by
an educational establishment, company lets, lettings at very high
rents or lettings to a tenant who has diplomatic immunity).
There is no minimum
term for an Assured Shorthold Tenancy specified in the legislation however,
unless the tenant is in breach of the terms of the tenancy agreement, it is
not possible to obtain a court order to regain possession of the property
let until at least the first 6 months have gone by. Effectively therefore
there is a minimum term of 6 months.
A court has to grant
an order for possession of a property let under an Assured Shorthold
Tenancy if a certain notice has been given. The template tenancy agreement
supplied by Legaldocsdirect includes both forms of likely notice so you can
choose whichever is appropriate. The form which is appropriate to use
depends on whether the tenancy is a fixed term Assured Shorthold Tenancy or
a Periodic Assured Shorthold Tenancy.
Generally speaking,
when an Assured Shorthold Tenancy is created, it is for a fixed term e.g.
6 months or 12 months. If neither party does anything to terminate it before
the last day of the fixed term then the tenancy is automatically converted
into a Periodic Assured Shorthold Tenancy. This is still an Assured
Shorthold Tenancy but it is now one that continues by operation of the law
on a periodic basis i.e. on a week to week basis or month to month basis
dependent upon the period in the fixed term tenancy by reference to which
rent was paid.
1. Assured Shorthold Tenancy –
Fixed Term
Where the fixed term has not yet expired notice
has to be given under Section 21(1) Housing Act 1988. The tenant has to be
given at least two months, notice such notice not to expire before the last
day of the fixed term of the tenancy. The notice has to be served before the
end of the initial fixed term of the tenancy
2. Assured Shorthold Tenancy – Periodic
Where the fixed term has expired and the tenancy has become a
periodic one, then notice has to be given under Section 21(4) Housing Act
1988. In this case the period of the notice again has to be not less than
two months but the date that is specified as being the date upon which you
require possession must be the last day of a period of the tenancy
You
can download a notice to quit. Be sure to choose the correct form depending
on your situation
The
document will download as a Zip file. Once downloaded it will unzip to a Word document.
| Notice to quit - fixed term tenancy |
£5 |
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Notice to quit - periodic tenancy |
£5 |
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Terminating an
Assured Shorthold Tenancy (whether fixed term or periodic) is
straightforward but take care to use the correct form of notice. Choosing
the wrong form is likely to be fatal to your claim for possession. The form
of notice should be either delivered to the tenants personally or sent by
registered post so you have evidence that the notice was served.
Although
termination of an Assured Shorthold Tenancy is most commonly dealt with by
way of the Notice to Quit as mentioned above there are are certain other
grounds upon which possession can be sought. If there is a mortgage on the
property then the lender, in giving its consent to the property being let,
may request that before the tenancy is entered into notices under Ground 1
and /or Ground 2 of Schedule 2 of the Housing Act 1988 are served
first. These are notices that tell the tenant that possession of the
property might be recovered on the grounds either that the landlord wants it
to occupy for his own use or that possession is required by the lender who
is repossessing the property. If these notices are served they have to be
served before the tenancy is entered into.
These notices can be
downloaded by clicking the links below or alternatively they are part of our
letting pack - click
here for further details
of this
The
document will download as a Zip file. Once downloaded it will unzip to a Word document.
| Ground 1 Notice |
£5 |
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Ground 2 Notice |
£5 |
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