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06
Oct 2020
Assured Shorthold Tenancies: Creation
An assured shorthold tenancy is the most common form of residential tenancy in England & Wales.
There are two types of assured shorthold tenancies: fixed term and periodic tenancies. An assured shorthold tenancy cannot be for less than 6 months. A fixed-term tenancy runs for a set amount of time. A periodic tenancy runs from week to week or month to month with no fixed end date. A fixed term tenancy that is not ended by notice becomes a periodic tenancy.
The tenancy agreement may not discriminate against the tenant and should be in writing. Its terms should include:
- the names of the landlord, tenant and any guarantor;
- the property address;
- the start and end dates of the tenancy and on what terms, if any, it might continue;
- in what circumstances the tenancy can be ended after 6 months;
- the rent and when and how it’s to be paid;
- information on how and when the rent will be reviewed;
- the deposit amount and how it will be protected;
- when the deposit can be fully or partly withheld, for example to repair damage caused by a tenant;
- the obligations of the landlord and tenant;
- who is responsible for repairs that the landlord is not legally responsible for;
- which bills the landlord and tenant are responsible for; and,
- whether the property can be sublet.
A landlord must put a deposit paid by or on behalf of a tenant into a government-approved tenancy deposit scheme. After a deposit has been paid a tenant must be provided with information in relation to the deposit. A landlord who does not protect a deposit can be ordered by the court to pay the deposit into an approved deposit scheme or the tenant and pay compensation of up to three times the deposit to the tenant, all within 14 days. In addition, the court may also refuse to order the eviction of a tenant.
If you need advice about an assured shorthold tenancy our Property Litigation Team would be pleased to assist. Please contact us by phone on 0800 015 0340 or email info@chadlaw.co.uk
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