Assured Shorthold Tenancy And The Tenants Rights
An assured short hold tenancy or AST gives a tenant the legal right to live in a property for a specified time. This specified time a tenancy runs for can be a fixed term tenancy of 6 months or a periodic tenancy which rolls on week to week or month to month.
The tenant has the right to live in the property without being hassled or disturbed. The landlord and any other people cannot enter the property as the tenant has the right to have control over their home.
You cannot interfere with the tenant’s rights to live in your property.
The law says your landlord has to keep the structure and exterior of the property in good repair. This includes:
The roof Guttering Walls (but this doesn’t include internal decoration) Windows and doors
Gas, electricity, heating, water and sanitation must be kept in good repair by you the landlord. Your property should have the relevant gas safety certificates for all the gas appliances in your property and any furniture given by you must be fire proof.
The equipment for the gas, electricity, heating, water and sanitation must be kept in good repair by the landlord.
However this is all dependant on what you have covered in your tenancy agreement in regards to the upkeep of the property by the tenant.
If the tenancy between you and your tenant has started after March’97 a tenant has the right to have the statement of their terms from you. The information you will have to provide will be:
Start date of the tenancy Amount of rent and the date it must be paid How and when the rent may be changed If rent is charged weekly a rent book must be provided The length of any fixed term
You will have to hand this information over to the tenant within 28 days of the request being made by your tenant. They have to make this request in writing.
During a fixed term tenancy a landlord must have a reason to evict a tenant. The reason could be one of the following:
Rent arrears Tenant is regularly late with the rent Terms of the tenancy have been breached Tenant has allowed the condition of the property to deteriorate Property is being repossessed Tenant has caused nuisance or annoyance of some sort
If the landlord decides to evict the tenant during a fixed term tenancy then it could be for one of the following reasons:
Rent arrears Tenant is regularly late with the rent Terms of the tenancy have been breached Tenant has allowed the condition of the property to deteriorate Property is being repossessed Tenant has caused nuisance or annoyance of some sort
You as the landlord can serve a notice giving the tenant 2 months to leave the property without having a reason. For further information on serving a section 21 fixed notice visit Landlord Angel.
If your tenant is in a periodic tenancy or their fixed term has come to an end then they can be evicted by serving them with a section 21 periodic notice and also providing the court with a copy of the assured shorthold tenancy.
A landlord can serve a notice giving the tenant 2 months to leave the property without having a valid reason. For further information on the notice required visit Landlord Angel and look for the section 21 (fixed) page.
Your tenant cannot be evicted from your property unless the court has given the order for possession. If you the landlord have followed the correct procedure then the court will have no choice but to grant the possession order.
Your tenant can ask the court to delay the possession for up to six weeks if they can prove that they will face hardship.
If a tenant does not leave even after the possession order has been granted then the landlord can apply to the court to physically remove tenants from a property.
To serve an eviction notice on your tenant in as little as 3 minutes check out Landlord Angel.
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