Real Estate

Assured Shorthold Tenancy And The Tenants Rights

An assured short hold tenancy is a tenancy that gives a tenant the legal right to live in a property for a period of time. A tenancy might be for a set period such as six months (this is known as a fixed term tenancy) or it might roll on a week-to-week or month-to-month basis (this is known as a periodic tenancy).

A tenant has the right to live in your accommodation without being disturbed. They have the right to have control over their home so that their landlord and other people cannot freely enter whenever they want to.

A landlord cannot interfere with the tenant’s rights to live in their 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 (doesn’t include internal decoration) Windows and doors

Your landlord must also keep the equipment for the supply of gas, electricity, heating, water and sanitation in good repair. The accommodation must have a valid gas safety certificate for any gas appliances in the property.

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 your tenancy started after March’97 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

The information that the landlord will have to provide will be:

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.

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 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.

For further information in regards to how to serve a section 21 periodic notice please visit Landlord Angel.

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.

A tenant cannot be evicted from the property unless the court has granted a possession order for property. The court will have no choice but to grant the possession and give an order to evict the tenants if the landlord has followed the correct procedure. The tenant can ask the court to delay the eviction for up to six weeks if they can prove that they will face hardship.

If the tenants don’t leave by the time a court order takes effect, a landlord can ask the bailiffs 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.

categories: real estate,landlord,law,solicitor,tenant,tenant eviction

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