All newly created tenancy agreements, unless otherwise stated, are assured shorthold tenancies (AST). This means that a landlord can issue the proper notice in order to regain possession of their property after the period of the initial fixed term. If the landlord decides to seek possession, he/she must serve notice in writing: verbal notice is no longer sufficient. The landlord can only seek possession during a fixed term of the tenancy if certain legal grounds stated in the agreement are broken, this is also applicable for the tenant.
The landlord has to give notice on a special form called Notice seeking possession of a property let on an Assured Tenancy. The period of notice will vary between two weeks and two months, depending upon the grounds being used. As soon as this notice period expires, the landlord can apply to the court to start proceedings. Tenants do not have to leave the property until there is court order requiring them to leave.
A tenancy agreement should contain the following information:
- Landlord's name and address where you can contact them in writing
- Tenant's name(s)
- Whether or not is an individual or joint tenancy agreement
- Address of the property to be let
- Length of the lease the rent amount,
- When it is to be paid and for what period (month, week, etc.)
- Notice provisions, if any, to allow the agreement to be terminated by one, or both parties
- Who pays electricity, gas, water and other bills
- Payment of council tax (if applicable); full-time students can apply for exception
- Responsibilities for the repair, replacement and maintenance of the accommodation and its contents/garden (if applicable)
- Rules regarding decorating, hanging pictures, etc.
- Subletting: whether of not it is allowed and in which circumstances
- Rules regarding visitors and guests
- Arrangements allowing the landlord access to the accommodation to repair or inspect (a minimum of 24 hours notice is required)
- Keeping of pets
- Responsibility for insuring the property, landlord's furniture and contents (which should be the landlord) and the tenant's furniture and content (which should be the tenant)
- Signatures of the tenant(s) and the landlord
If you have any questions at all regarding details of a particular contract and want some advice please feel free to contact us and we will be more than happy to talk through things with you.