As a tenant, your tenancy will likely be considered an Assured Shorthold Tenancy (AST). There are certain rights you and your landlord have under an AST, as well as common clauses you will come across that will apply to most tenancies. This guide looks at what ASTs are, how they protect you and what rules they put in place.
What is an Assured Shorthold Tenancy?
It is simply an agreement, between a tenant and a landlord for living in a rented property. The agreement exists to protect both the tenant and the landlord, as it arranges for a tenant to live in the property for a fixed term, usually, six or 12 months, after which time the landlord can either claim back possession of their property, renew the tenancy or allow it to become a periodic tenancy (also known as a rolling contract).
An AST will become a periodic tenancy after the fixed term ends, even if it isn't mentioned in your agreement. Renewing the contract gives the tenant and landlord further security, as the landlord cannot evict the tenant with a Section 21 notice until the renewed fixed term ends and the tenant agrees to stay and pay rent for that fixed term.
You will be part of an AST if the following applies:
You’re renting from a landlord or housing association
Your tenancy started after 15 January 1989
The property is your main/only accommodation
The landlord does not live in the property
However, your tenancy will not be an AST if:
The tenancy started before 15 January 1989
Your rent is more than £100,000 a year
Your rent is less than £250 a year (or £1000 in London)
The tenancy is for a business or license premises
The property is a holiday let
The landlord is a local council
What terms does the AST need to describe?
If you receive a written agreement, it should thoroughly state the terms of your tenancy, including:
The date the tenancy starts* and ends
The rent amount*
The date rent must be paid*
The length of time of the agreement*
The address of the rented property
The name/address of all people involved (tenant/landlord/agent/guarantor)
When and how the rent price is reviewed
Your deposit amount and the scheme is protected by
When the deposit can be withheld
Bills the tenant is responsible for
*If you don’t have a written contract, these details can be legally requested from the landlord in writing.
All parties should receive a copy of the agreement to sign, which means you can read through all the terms before agreeing to them. You should then keep a copy of the agreement that you can refer to in future.
There are other common clauses that are likely to appear on an AST, outlined below. Remember that breaking the terms of your tenancy agreement can be grounds for eviction, so always make sure you follow them.
The property’s condition
An agreement will clearly outline your duties as a tenant to look after the condition of the property. This can be simple clauses such as keeping the property, and its fixtures and fittings, clean and tidy, or repairing any damage that you personally cause. This section of the agreement may also outline some of the landlord’s responsibilities for the property as well.
Rent review
Landlords may review the amount of rent being paid when the tenancy comes to an end and increase it if they have good reason to do so e.g. in line with the Retail Price Index or property/rent price increases in the local area. A clause in your agreement will confirm this, but any changes to your rent will involve your landlord first writing to you towards the end of the tenancy and then, if you agree to the new price, renewing the tenancy to include the new rent amount.
Subletting
If your landlord hasn’t given you permission to sublet the property, then there will usually be a clause clearly stating this in the agreement. If you are planning on subletting, be sure to read this clause carefully, as it may say you can if you get your landlord’s permission.
Pets
If your landlord has said you cannot keep a pet, then there could be a clause in your agreement that confirms this. Again, be sure to read through it carefully, as the landlord may state they will allow a pet if permission is sought.
Decorating
You may want to put up pictures or take down some fixtures or fittings that aren’t quite your taste in the property, but doing so may be breaching the terms of your tenancy agreement. Landlords can put clauses in that state you are not allowed to alter the property in any way or put holes in the walls (for pictures frames or shelves) unless you have the landlord’s permission. The same goes for painting a room in a different colour.
Smoking
If you do smoke, the landlord will likely have a clause that states you are not allowed to do so inside the property. You should ask for clarification from your agent or landlord for what, if any, parts of the property you can smoke in, in case the landlord permits it outside.
Garden/shared areas
If your property has a garden or shared area, there may be clauses that state you will have to keep it in good condition, such as cutting the grass or ensuring no excess debris or rubbish builds up.
Smoke alarms/carbon monoxide detectors
If the tenancy agreement states these are your responsibility, then you will have to make sure you test the alarms regularly, replace the batteries when needed and don’t tamper with them.
Landlord’s responsibilities
The agreement may state what is the landlord responsibilities for, as well as any additional responsibilities they may choose to take regarding the property. These will include giving you at least 24 hours’ notice before a visit occurs, ensuring the property is compliant with all health and safety regulations, describing what parts of the property they will repair or replace and any other legal obligations they have.
Ending the tenancy
If you want to leave the tenancy early, then there may be a ‘Break Clause’ which will allow you to do so. This involves giving your landlord written notice that you wish to leave the property and may state that you must forfeit your deposit or pay rent until a new tenant is found. Not every tenancy agreement has this, so be sure to ask your landlord or agent what you need to do to leave a tenancy early.
Changes to the tenancy agreement
Some clauses may mention that the tenancy agreement needs to be changed if the tenant requests it to be changed, such as having the agreement allow a pet in the property or allowing the tenant to sublet. The clauses will also mention that a fee is involved when a tenancy is changed. This is legal under the Tenant Fees Act, but you can only be charged if you, the tenant, has requested the change, not if it is the landlord who wishes to change the agreement.
Illegal clauses
Be aware that any clauses in your agreement that are illegal cannot be enforced by your landlord or letting agent, and in most cases, you will have the right to complain. The agreement should not discriminate against you if you are disabled, and the landlord or agent should change the tenancy to fit your needs if required.
Any fees that are now illegal cannot be enforced, even if you have signed the agreement. If there are any other clauses that don’t seem right, you may be able to complain about your landlord or agent.
Comentarios