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ASSURED SHORTHOLD TENANCY AGREEMENT - RENT A HOUSE OR FLAT

This Assured Shorthold Tenancy Agreement – Rent a House or Flat template shall be used for residential properties where the landlord wants to let a flat or house. It can be used to let either a furnished or unfurnished house or flat.

 

This Assured Shorthold Tenancy Agreement – Rent a House or Flat is suitable where the landlord does not reside at the same property and can be used for a single tenant who occupies the property on their own, or a group of tenants who jointly occupy the property and share responsibilities. It sets out the rights and obligations of the landlord(s) and the tenant(s).

 

The Assured Shorthold Tenancy Agreement is the most common type of tenancy agreement; this type of Tenancy Agreement is automatically created when the parties do not state what type of tenancy they wish to create. An Assured Shorthold Tenancy Agreement gives the tenant a legal right to occupy the property for a specified period of time. In addition the landlord has a guaranteed right to be able to take back possession at the expiry of the tenancy.

 

An Assured Shorthold Tenancy can be for any length of time however it is usually used to grant a tenancy for a short period, between 6 to 12 months.  It allows the parties to end the tenancy after the initial six-month period (or after the agreed full length of the tenancy) by simply serving upon the other party the required notice.

 

Please note that even if an Assured Shorthold Tenancy can be for any length of time the tenant has a right to stay in the property for a minimum period of six months. Thus, even if the parties agree a fixed term of less than six months the landlord does not have a guaranteed right to take back possession of the property within the first six months if the tenant refuses to leave during the first six months of the tenancy.

 

This Assured Shorthold Tenancy Agreement – Rent a House or Flat template complies with the changes introduced by the Housing Act 2004 in relation to deposits. Following the new rules introduced in April 2007, deposits for all new Assured Shorthold Tenancy Agreements must be placed within a Government-authorised tenancy deposit scheme. Thus, 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 receipt of the deposit, the landlord must provide the tenant with details of the chosen deposit scheme.

 

Landlords can notify their tenant of the deposit scheme by using the Prescribed Deposit Information Form included with this Assured Shorthold Tenancy Agreement – Rent a House or Flat.

 

To complete this Tenancy Agreement you should print two copies of the agreement, fill in the required details and have both copies signed by all parties with each page initialled by all parties, then both parties should retain a copy of the agreement.

 

Please note that this Assured Shorthold Tenancy Agreement – Rent a House or Flat is NOT suitable in the following situations:

 

  • Where the parties intend to create a Tenancy Agreement where the initial fixed term is for more than three years. If you wish to create a long-term Tenancy Agreement then you should use the Assured Tenancy Agreement.
  • For Business lettings.
  • If the total amount of rent exceeds £100,000 per annum in England (or £25,000 per annum in Wales). If you wish to create a Tenancy Agreement where the rent exceeds £100,000 per annum in England (or £25,000 per annum in Wales) you should use the Non-Assured Shorthold Tenancy Agreement.

 

This Assured Shorthold Tenancy Agreement – Rent a House or Flat is fully comprehensive and contains clauses covering the following issues:

 

  • Amount of rent, frequency of rent payments and the term of the tenancy;
  • Deposit;
  • Tenant's obligations;
  • Landlord's obligations;
  • Details of what happens at the end of the tenancy;
  • Prescribed information about the tenancy deposit scheme.

 

This Tenancy Agreement also includes the following documents:

 

  • Section 21 (1)(b) Notice - Fixed-Term Assured Shorthold Tenancy (for tenancy due to expire).
  • Section 21 (4)(a) Notice - Periodic Assured Shorthold Tenancy (for tenancy that has already expired).
  • Prescribed Deposit Information Form – It sets out the information that must be provided by the landlord to the tenant in relation to the deposit.

 

Section 21 Housing Notices should be used when the landlord wishes to obtain possession of the property under an Assured Shorthold Tenancy Agreement because the period of the tenancy has expired or is due to expire. Landlords do not have to give any reason for ending the Tenancy Agreement but they are required by law to give proper period of notice (at least 2 months' notice) using an appropriate form. It should be noted that if the tenancy started after 6th April 2007, Section 21 Notice can only be served after the deposit (if any) has been protected.

 

Please note that Section 21 (1)(b) Notice - Fixed-Term Assured Shorthold Tenancy shall be used where the tenancy agreement has not come to an end. On the other hand, Section 21 (4)(a) Notice - Periodic Assured Shorthold Tenancy shall be used where the tenancy agreement has expired and the tenant is still in the property. In this situation the tenancy has become a periodic tenancy and the periodic notice must to be served.

 

This Agreement is in Microsoft Word format, written in plain English and easy to use and edit.

 

For further details about Government-authorised tenancy deposit schemes please see: The Deposit Protection Service www.depositprotection.com and The Dispute Service: www.thedisputeservice.co.uk.



£9.99