Residential Assured Shorthold Tenancies

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We act for landlords and tenants entering into Assured Shorthold tenancies or when a dispute has arisen about possession of the property or non payment of rent and breaches of tenancy. For some general information please see below. For some personal advice and assistance in this area please contact Paul Prikryl on 01494 864650 or to make an appointment contact his secretary.

Entering into a Residential Tenancy
Q: I have let my residential property to tenant: Do I need a tenancy agreement and what do I need to consider?
A: Yes you will need to formalise your agreement in writing: you will generally need to agree with the tenant the following:
(i) Amount of rent payable and whether this is reviewable annually or at all
(ii) The length of the tenancy: is it a 6 months’ tenancy or longer?
(iii) What kind of notice would be given on either side to end the tenancy: if it is a standard 6 month Assured Shorthold Tenancy the tenant must be entitled to a fixed period of residence of 6 months: this can be renewed or can roll on a 2 month notice period either way.
(iv) The tenants obligations for keeping the property properly maintained and in a good state of repair - any specific obligations for tenant and/or landlord

Tenancy Problems?

GIVING A TENANT NOTICE:

1. IF A TENANT HAS BREACHED THE TENANCY AGREEMENT:

If the Tenant has breached the contract in not paying rent or has breached other terms of the contract the Landlord may in those circumstances look to issue a 2 week notice to vacate the property. In order for this Notice to be legally valid it should comply with the rules set down in the Housing Act. We advise Landlords to seek advice from a solicitor so that the correct Notice is prepared and served.

2. WHERE THE TENANT HAS NOT BREACHED THE AGREEMENT BUT THE LANDLORD STILL REQUIRES TO OBTAIN POSSESSION.

Most residential lettings are usually Assured Shorthold Tenancies and the Landlord would need to give Notice by a valid form to comply with the rules set down in the Housing Act. The standard minimum notice period is 2 months in such circumstances.

POSSESSION PROCEEDINGS

A Landlord cannot force a Tenant to vacate the Tenancy without an Order of the Court. Therefore if a Tenant has failed to vacate the property within the prescribed Notice period, provided the Landlord has given the appropriate Notice (above) the Landlord should be able to instruct a Solicitor to issue proceedings in the local County Court for an Order for possession and the recovery of any outstanding rent and should also claim from the Tenant the costs of issuing the proceedings.

Once a Court order for possession is made this should prompt a Tenant to vacate the property. If the Tenant still does not vacate the property a Court bailiff can be instructed to enforce the Court order.

Contact our specialist Solicitor Paul Prikryl on 01494 864650 if you wish us to prepare Notices, represent you at Court or to provide general advice to Landlords or Tenants.