Short Assured Tenancy: Guide For Tenants And Landlords

A short assured tenancy or assured short hold tenancy is a type of assured tenancy that is unique. It gives the landlord the right to reclaim the rented property. It allows the tenant to request a rent determination from a rent assessment committee. Short-term guaranteed tenancies must last at least six months under a short assured tenancy agreement, a short assured tenancy notice to quit

Short Assured Tenancy

A short assured tenancy is a type of assured tenancy that is unique, it is also known as assured short hold tenancy. It gives the landlord the right to reclaim the rented property. It allows the tenant to request a rent determination from a rent assessment committee. Short-term guaranteed tenancies must last at least six months. A landlord must submit a Notice Assured short hold Tenancy5 to the tenant indicating that the tenancy is a short assured tenancy. Before any tenancy agreement is signed, the Assured short hold Tenancy5 must be given . If the landlord offers the same tenant another short assured tenancy in the same property at the end of one short assured tenancy, another notification Assured short hold Tenancy5 is not required. Furthermore, the renewed tenancy may be for a period of less than six months..

What Cannot Be a Short Assured Tenancy?

The following cannot be short assured tenancies:

• a tenancy that began before January 2, 1989, or that resulted from a contract signed before that date;
  a rent with no rent or rent less than £6 per week, or its monthly or annual equivalent;
  a tenancy in a residence that also functions as a shop or got a license to sell alcohol for consumption on the premises;
• a house with more than 2 acres of agricultural land that is rented jointly;
• a tenancy of a dwelling that is part of an agricultural holding and is occupied by the person in charge of the holding’s farming;
• a holiday leasing
• a tenancy with a resident landlord’ as the landlord
• a Crown or government department’s letting;
• a local council, Scottish Homes, or a co-operative housing organisation letting;
• a tenancy governed by a joint-ownership arrangement; or
• a short-term rental for people who are homeless.

How Long Can a Short Assured Tenancy Last?

A short assured tenancy is one that lasts for at least six months. The landlord and tenant can agree on a specific term for the tenancy (e.g. 6 months or 12 months). The landlord has the right to apply for seizure after the initial period has expired, or the landlord and tenant might choose to renew the tenancy. The tenancy agreement offered by LawDepot may not be suitable for leases of more than three years. If you need a period greater than three years, you should consult a lawyer.

Assured Short hold Tenancy

A sort of assured tenancy is an assured shorthold tenancy. It must be a tenancy of a dwelling-house let as a separate dwelling to a person, who is a sole or joint tenant, where the tenant or at least one of the joint tenants inhabits the house as their only or major home (assured short hold tenancy)

If the assured tenancy was created on or after January 15, 1989, it can only be assured shorthold tenancy. Unless an assured tenancy is officially constituted, a tenancy is inherently an assured shorthold tenancy as of February 27, 1997.

Fixed Term Assured Shorthold Tenancies

A fixed-term tenancy is one that lasts for a set amount of time, usually six or twelve months, and has a clearly defined start and end date. It will be a periodic tenancy if the tenancy does not have a definite term. For an assured shorthold tenancy created before February 27, 1997, a set period of at least six months was required.

Fixed-term of More Than Three Years

A tenancy with a set period of more than three years must be by deed. To execute a deed, the contract must state that it is a deed, and the landlord and tenant’s signatures must reflect in the agreement. This does not apply to guaranteed shorthold tenancies of this length granted on or after 1 April 2012 by a private registered provider of social housing – unless they are lengthy leases (of 21 years or more) or shared ownership premises.
A fixed-term equitable lease takes effect when a fixed-term tenancy of more than three years is not executed by deed.

Periodic Assured Shorthold Tenancies

A periodic tenancy is one that has no expiration date and can last indefinitely. It goes from one period to the next, such as month to month or week to week.

Tenancies That are Periodic From the Beginning

An assured shorthold tenancy might begin as a conventional periodic tenancy with no specified length. This is the case if one of the following applies:

• The tenant has a formal contract that states that the rent will be paid on a regular basis.
• There was never a written agreement, and there was no agreed-upon time frame.
• Prior to February 28, 1997, assured shorthold tenancies could not be made periodic from the start.

Tenancies That Become Periodic After a Fixed Term

A statutory periodic tenancy will automatically occur when a fixed-term assured shorthold tenancy ends without being terminated by a court order or surrender. A statutory periodic tenancy is a new tenancy that exists in addition to the previous fixed-term tenancy. The tenancy will last for the same amount of time as the last fixed-term rent payment.

Except for any terms about ending the tenancy, such as a lengthier notice to quit, the same terms apply as in the initial agreement. In a statutory periodic tenancy, any rent review clause will have no impact.

If the original fixed-term agreement specifies that the tenant would continue as a contractual periodic tenancy, a statutory periodic tenancy does not exist. For instance, if the agreement stipulates that the landlord will rent for a period of six months and then on a monthly basis. This type of condition, according to the Court of Appeal, would result in a single contract tenancy that is initially for a set duration and later becomes a periodic lease.  When the tenancy becomes periodic, any rent review clauses or terms on terminating the tenancy will still apply.

Short Assured Tenancy Agreement

A short assured tenancy agreement is a contract between a landlord and a tenant that is legally binding. In exchange for money given to the landlord, the tenancy agreement grants the tenant exclusive use and enjoyment of the designated residential property. In addition, the tenancy agreement spells forth the landlord’s and tenant’s rights and obligations during the duration of the lease.

Why Isn’t an Oral Short Assured Tenancy Agreement Sufficient?

Oral tenancy agreements have the disadvantage of being hard to enforce. A court would have to hear evidence and decide which version of the truth to adopt if a disagreement developed. If a formal agreement exists, judges are often ready to follow its provisions, even if they do not agree with them.

Is a Formal Short Assured Tenancy Agreement Between the Tenant and The Landlord Required?

Yes. A landlord must complete the following steps:

• make a formal agreement outlining the parameters of the short-term assured tenancy;
• offer the renter a copy of the document; both the tenant and the landlord correctly signed the paper (e.g. signed in front of a witness);
• The tenant will not be charged for the paperwork.

A tenant who does not have a written document or believes that his written document does not accurately reflect the terms of his tenancy can petition the court to have one created or to have an existing one changed.

What is Addressed in a Short Assured Tenancy Agreement?

The following issues are usually covered in a short assured tenancy agreement:

• the sort of rental property;
• the address of the rented property;
• the tenancy’s duration and if it’s a fixed or periodic tenancy;
• the amount of rent due, as well as how and when to pay
• the terms of any security or damage deposit

What Makes a Residential Tenancy Agreement Different From a Commercial Tenancy Agreement?

A tenancy agreement for your house is known as a short assured tenancy agreement. The sacredness of the house has been recognized by governments, which have expanded protections for tenants by adopting laws that give them a minimal set of rights. These laws do not allow tenants to bargain out of their rights.

Short Assured Tenancy Notice to Quit

The notice to quit is a written notice indicating you wish to terminate your tenancy and have your tenant vacate the premises. A short assured tenancy notice to quit is also an official, legally binding document sent by a landlord to a tenant in order to resolve a lease violation. In most circumstances, a landlord must first serve the tenant with a short assured tenancy notice to quit before legally filing to dismiss the tenant. The short assured tenancy notice to quit provides the renter with an opportunity to correct the problem.

A short assured tenancy notice to quit is only valid if it contains the following information:

• it’s written
• informs the tenant of the length of their notice
• relates to the ‘ish date’ (the date the tenancy agreement ends)
• makes it clear that even after the notice period has expired, you must get an eviction order from the Tribunal before the renter is required to vacate.
• informs the tenant that they can obtain independent advice and where they can obtain it.

In December 2017, the tribunal will be in charge of eviction cases rather than the Sheriff’s Court. Any notice to resign that you serve must state clearly that the case will be handled by the Tribunal and must adhere to current regulations.

Section 33 Notice

Section 33 is a follow-up notice to the notification to vacate that you must also issue to short-term tenants.

This letter should inform your tenant of the following:

• the appropriate amount of advance notice for the grounds
• When the notice period expires, you wish to take possession of the house.
• After the notice expires, you must obtain an eviction order from the Tribunal before they are required to vacate.
• They can seek independent guidance and know where to look for it.

If you want your tenant to go on the day their lease expires, you must send them a Section 33 notice well enough in advance. The notice periods vary depending on the reason for the eviction (grounds).

Notice of Proceedings

A notice of proceedings is a written notice that you will begin legal action to reclaim your property.

It should be on a particular form known as an AT6, and it should inform the tenant of the following:

• the reasons (or justifications) for your desire to reclaim the property
• What impact do these factors have on the tenant?
• How much notice must you provide before contacting the Tribunal to have them evicted?

How Much Notice Do I Need to Give to Terminate a Tenancy?

Normally, neither the landlord nor the tenant can give the notice to terminate a fixed-term tenancy until the period has expired (unless one of the parties has made a substantive breach of the agreement). Most jurisdictions need a legal minimum notice time for recurring tenancies. The tenancy agreement can specify a duration of time that is longer than the statutory minimum. The tenancy agreement cannot be for less than the minimum legal period. If it does, the tenancy agreement will include the minimum mandatory notice period.

What Is Notice to Enter?

A landlord has no right to enter a rental apartment unless there is an emergency, such as a fire or a gas leak, or unless he or she provides the renter sufficient notice as required by law. A tenant cannot refuse access to a landlord if sufficient notice is given.