An assured shorthold tenancy or AST for short is the most usual type of tenancy agreement used in residential letting today. Since 1997, all new tenancies are automatically assured shorthold tenancies unless otherwise agreed.
But exactly what exactly IS an assured shorthold tenancy? In this post, I’ll look more closely at what it involves and at how you can use this kind of tenancy agreement correctly.
The basic principles of an assured shorthold tenancies
The basic principle behind an AST is to offer some security of tenure to the tenant, subject to some limitations. This means that as long as the tenant pays the rent and abides by the conditions of the tenancy they are entitled to occupy the property for the agreed period – or ‘term’ as it is known.
That assurance works both ways too. It means that the landlord is entitled to get their property back at the end of term with the tenant having no further rights of occupation.
Since 1997, landlords must provide a notice saying that the tenancy is an assured shorthold tenancy and any new tenancy is automatically an AST unless the landlord serves a notice stating otherwise.
Most landlords will provide a contract for the tenant to sign before the tenancy starts. This would normally have a fixed term of 6-12 months and an amount that needs paying as rent. There might also be a break clause which allows the tenant to terminate the contract.
If there isn’t a contract then the tenant has the right to ask for the landlord to supply, in writing:
- The tenancy start date.
- The rental amount and dates for payment.
- Any rent-review clause
- The term (length of time) of the agreement.
Furthermore, the landlord should also supply:
- A copy of the government’s. How To Rent Guide (if the tenancy was started after October 1st, 2015).
- A copy of the EPC (Energy Performance Certificate).
- A copy of the gas safety certificate.
When should an AST be used?
The law sets down when an AST can and cannot be used.
ASTs can only be used by private landlords and housing associations. They can only be used when the landlord doesn’t live in the property and when it is the tenant’s main home.
ASTs can’t be used for business tenancies (nor pubs), for holiday lets nor for lodgers living in your home. Although it rarely applies it’s also useful to know that they can’t be used when rent is under £250 a year (or £1,000 in London) or above £100,000 a year.
Please note: This information is for England and Wales. As with many other aspects of law, there are differences in Scotland. There, tenancies are normally assured or short assured tenancies but there is also a new kind of tenancy agreement – the private residential tenancy – which came into use on the 1st of December 2017.
Terms… when short can mean long
The word ‘shorthold’ is slightly misleading here. ASTs are not necessarily short. The term shorthold is used to distinguish the AST from tenancies that give tenants ongoing rights – see later. New ASTs are mostly granted for fixed terms of 6 or 12 months but according to this legal blog there is actually no minimum term and they can be granted for up to seven years.
When the fixed term period expires the landlord can either grant the tenant another fixed term AST (assuming they wish to) or allow the tenancy to continue on a month-by-month basis. In this case, it becomes a periodic tenancy – see later for more information on this.
The Government has recently consulted on proposals to make the minimum period of an AST three years, although there would be a six-month break clause. If these proposals are adopted there is likely to be new legislation on ASTs.
Setting up an AST
An AST is a legal contract between the landlord and the tenant. As a result, when creating one, it is important to make sure all the I’s are dotted and all the T’s are crossed. If any errors are made in the wording the AST could be invalid. In extreme cases, this could make it difficult to gain occupation of the property or secure payment of the rent.
An AST should set down all the terms and conditions under which the tenant is entitled to occupy the property. These include, for example, what they may use it for, what they may not do, responsibility for damage and, of course, how much the rent is and when it should be paid.
Assured shorthold tenancy agreement template
There is no single, official wording for what an AST should include. Different ASTs, used by different landlords, can vary. But rather than trying to create your own it can save time and hassle to use a ready-made template AST from a reliable source.
- The official UK Government site provides a free suggested model agreement for an AST here.
- The National Landlords Association provides templates for ASTs and other tenancy documents to paying members here.
- Landlord Zone provides a range of tenancy documents, either free or paid for depending on the type.
Other important points to consider when using an AST
Although there is no legal requirement to do so, it is a good idea to take references when using an AST. This is to ensure that the person who will be named in the AST is who they say they are. It is also an opportunity to check their credit history, employment status and income.
References will be taken once once a tenant has put down a holding deposit and all parties are happy to continue to the final stage of the application. At this point, the property comes off-the market and is described as being let agreed.
The right-to-rent immigration check
Introduced as part of the Immigration Act, 2014, letting agents and private landlords are legally obligated to complete a right-to-rent immigration check before they can offer a tenancy.
They will need to see and take copies of a passport or other documents proving the immigration status of the tenant and are allowed to charge a fee to the tenant to do this.
Checks will need to be completed for all adults living in the house, including grown-up children. Children under the age of 18 are exempt.
Should the tenant’s immigration status have a time limit then the landlord must perform follow-up checks and must terminate the tenancy (using the correct legal process) if they find a member of the household does not have the right to be in the UK or if the landlord receives a notice from the Home Office informing them of the same.
Please Note: If the tenant is unable to provide the necessary documents for a right-to-rent check then the landlord can request this check to be done by the Home Office with the tenant’s Home Office reference number.
For more information on the documents needed for a right-to-rent check see here.
Tenancy deposit protection
Assuming that you are taking a deposit from your tenant it must be protected in a Government-approved tenancy deposit scheme. If it is not, it may be difficult to evict the tenant should it be necessary.
This site gives details of tenancy deposit protection schemes which you can use.
Gas safety certificates and energy performance certificates (EPCs)
A Gas Safety Certificates and an EPC (Energy Performance Certificate) must be provided to the tenant, by law in all cases. If they aren’t it may be difficult to evict the tenant should it be necessary, even though you will have used an AST.
Although there is no legal requirement to do so, it is sensible to make an inventory of the contents and a report of the condition of a property before it is handed over to a tenant. Indeed, many standard AST documents refer to an inventory in the wording and allow for this to be attached as an appendix.
How to rent guide
Landlords must now give new tenants a copy of the latest version of the Government’s official How To Rent Guide. If the tenant does not receive this guide, it may be difficult to evict the tenant should it be necessary.
Terminating an assured shorthold tenancy
An AST becomes periodic when it comes to the end of its fixed term. If you wish to end the AST before the end of this term then there are typically two main procedures used to achieve this. These are commonly known by the relevant section in the Housing Act 1988 which sets down how they, and the relevant notices which must be given to the tenant, work:
Section 21 notice
The Section 21 procedure for ending a tenancy can be used when a landlord doesn’t require a specific reason to end it. Sometimes it has been called or known as a no fault eviction. Section 21 is normally used when an AST reaches the end of its term and the landlord doesn’t wish to renew. It is also used to end a periodic tenancy –see later.
There are specific requirements around the usage and timeline of issuing and successfully using a Section 21 Notice including a landlord giving a minimum of two months notice.
Changes to the law made in October 2018, mean that it is now necessary to use an official form to issue a Section 21 Notice of Possession and that key elements are considered and adhered to. This is available here.
Section 8 notice
The Section 8 procedure is used when the landlord wants to end the tenancy and has grounds for doing so. These grounds can be varied, although are typically around the tenant breaking a specific term of the AST. Common grounds for use of Section 8 Notice to Quit are that the tenant is in arrears with their rent (a minimum of eight weeks, typically), has damaged the property or is engaged in anti-social behaviour/being a nuisance to neighbours.
The official Government site provides a sample form you can use here – see Form 3.
Tenants can challenge the use of these notices in court. They can give reasons why they should not be evicted, which can include irregularities in the AST or other documentation. The landlord can only evict the tenant if the court grants an order.
As a landlord, you are quite likely to be involved with periodic tenancies at some stage. A periodic tenancy is one which runs, normally, from month-to-month – or whatever frequency the rent is paid at – rather than being for a fixed term.
When an AST reaches the end of its term, rather than being renewed for another fixed term of, say, 6 or 12 months, assuming no notice has been given by either party, the tenancy will continue as a periodic tenancy, usually by the mutual agreement of both parties.
This legal blog looks at what periodic tenancies are, and whether they are a good idea.
Other types of tenancies
Lastly, it is worth bearing in mind that, as an investor and landlord, you may encounter other kinds of tenancy agreement – although these are all much less common than the AST. These include:
These were used before 1989 and give tenants long-term tenancy rights subject to a fair rent. These are generally much lower than market rents and can only be increased according to a pre-determined formula.
These were used between 1989-1997 and were the forerunner of ASTs. They give tenants long-term residence rights but the rent is not regulated.
Excluded tenancies (also known as licences)
These are usually used for lodgers, ie. the landlord must be living in the same house, and they give the tenant limited rights of occupation.