Assured Shorthold Tenancy And The Tenants Rights

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By Harry Carr

An AST or assured short hold tenancy gives your tenant the legal right to live in your property for a fixed period of time. This fixed period of time can be for 6 months (which is known as a fixed term) or a rolling period such as week by week or month by month (which is known as a periodic term).

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 that a landlord has to keep the property in good repair. This includes the structure and exterior of the property.

The roof Guttering Walls (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.

Any furniture provided should be fire resistant. A tenant is however responsible for taking a certain amount of care for the property. This might include unblocking a sink or changing a fuse when necessary.

Depending on what the tenancy agreement says a tenant can have more responsibility for the upkeep of the property.

If your tenancy started after March 1997 a tenant the right to ask their landlord to provide a statement of the terms of their tenancy. The information that must be provided is as follows.

The start date of the tenancy The amount of rent and the date it must be paid How and when the rent may be changed If the 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:

The tenant has rent arrears The tenant is constantly or regularly late with the rent The terms of the tenancy have been broken The tenant has allowed the condition of the property to get worse The property is being repossessed The tenant has caused nuisance or annoyance

If the landlord wishes to evict a tenant before the fixed term is up he will need to apply to the court for a possession order. Before applying to the court he must first serve the tenants with a correctly written Section 8 Notice specifying the grounds the landlord has for regaining early possession.

The court will not give a possession order unless it is satisfied that a valid reason exists. In some cases the court must also consider whether it is reasonable for the tenant to be evicted.

To evict the tenant before a fixed term is up the landlord will need to have applied to the court for a possession order. Before serving a possession order he must first serve the tenants with a section 8 notice specifying the grounds of possession.

If a tenancy is periodic or if the fixed term has come to an end and no new fixed tenancy has been arranged, a tenant can be evicted fairly easily.

There is no need for landlords to give a reason to the court but s/he must be able to show that the tenancy is an assured shorthold tenancy and that the correct Section 21 Notice to Quit has been served.

A tenant cannot be evicted before the landlord has gone to court and the court has agreed to the landlord regaining possession of the property. The court has to give permission on a written notice known as a possession order.

The court has no choice but to make an order to evict assured shorthold tenants if the correct procedure has been followed. It is possible for tenants to get the court to delay the eviction for up to six weeks if they can show they will face exceptional 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.

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