Assured Shorthold tenancies
Sourced from Direct.Gov.Uk 22 July 2008
Who should read this booklet?
You probably need to read this booklet if you are letting, or thinking of letting,
a domestic property and the letting began on or after 15 January 1989. However, if you are sharing or are going to share part of your home, you should read our separate booklets called Letting Rooms in Your Home – a guide for Resident Landlords and Renting Rooms in Someone’s Home – a guide for people renting from resident landlords.
This booklet does not deal with agricultural lettings, or lettings by housing associations, local authorities or other social landlords.
This booklet explains the most important features of tenants’ and landlords’ rights and responsibilities but it is only a general guide.
Download this booklet (Microsoft Word Document)
This booklet does not provide an authoritative interpretation of the law; only the courts can do that. Nor‑does it cover every case. If you are in doubt about your legal rights or obligations you would be well advised to seek information from a Law Centre, Housing Advice Centre or Citizens Advice Bureau or to consult a solicitor. The addresses and phone numbers of advice organisations are listed in the telephone directory or can‑be obtained from your local library or local authority. Help with all or part of the cost of legal advice may be available under the Legal Aid Scheme.
Contents
| 1 | Introduction to assured and shorthold tenancies | 1.1-1.3 |
| licence to occupy | 1.2 | |
| 2 | Differences between an assured and a shorthold tenancy | 2.1-2.3 |
| which to choose | 2.2 | |
| tenancies which cannot be shorthold | 2.3 | |
| 3 | How to set up a tenancy | 3.1-3.11 |
| setting up a shorthold tenancy | 3.2, 3.4, 3.5 | |
| setting up an assured tenancy | 3.3, 3.4 | |
| a fixed term tenancy | 3.4 | |
| a contractual periodic tenancy | 3.4 | |
| if the property is mortgaged or leasehold | 3.6 | |
| the tenancy agreement | 3.7-3.13 | |
| letting agents | 3.14 | |
| charging a rent deposit | 3.15-3.17 | |
| providing a rent book | 3.18 | |
| 4 | Landlord and tenant responsibilities and rights | 4.1-4.5 |
| what the landlord is responsible for | 4.1 | |
| what the tenant is responsible for | 4.2 | |
| the landlord’s rights | 4.3 | |
| the tenant’s rights | 4.4 | |
| 5 | What to do when a tenancy ends | 5.1-5.6 |
| when a shorthold tenancy ends | 5.1-5.3 | |
| when an assured tenancy ends | 5.4-5.6 | |
| a statutory periodic tenancy | 5.1, 5.4 | |
| can the tenant leave during the tenancy | 5.7 | |
| 6 | How to end a tenancy | 6.1-6.14 |
| automatic right to end a shorthold tenancy | 6.1-6.5 | |
| seeking possession of a shorthold tenancy | 6.6, 6.8-6.12 | |
| seeking possession of an assured tenancy | 6.7-6.12 | |
| the accelerated possession procedure | 6.3, 6.4, 6.9 | |
| payment of rent arrears | 6.13, 6.14 | |
| the Small Claims Court | 6.14 | |
| 7 | Increasing the rent and varying the terms of a tenancy | 7.1-7.15 |
| increasing the rent of a shorthold tenancy | 7.1-7.11 | |
| increasing the rent of an assured tenancy | 7.1-7.8 | |
| varying the terms of a tenancy | 7.12-7.15 | |
| role of the rent assessment committee in setting rent | 7.5-7.7, 7.9, 7.10 | |
| role of the rent assessment committeein setting terms | 7.13, 7.14 | |
| 8 | Succession rights, joint tenancies, subletting | 8.1-8.4 |
| joint tenancies | 8.1 | |
| succession rights | 8.2 | |
| subletting or giving the tenancy to someone else | 8.3 | |
| 9 | Housing benefit | 9.1-9.3 |
| general rules | 9.1 | |
| direct payment to landlords | 9.2 | |
| pre-tenancy determinations | 9.3 | |
| 10 | Tax on rental income | 10.1 |
| 11 | Getting advice | 11.1 |
