Tenancies in Eng/Wales: Guides for landlords and tenants
edited 8 July 2020 at 5:26PM in House Buying, Renting & Selling
81 replies 60.3K views
post 1This thread is intended to provide information to both landlords and tenants relating to Assured Shorthold Tenancies (ASTs) in England and Wales.
Updated April 2020 to include the Coronavirus Act 2020 and July 2020 to include the Electrical Safety Standards Regulations 2020.
Post 2: Repairing Obligations: the law, common misconceptions, reporting/enforcing, retaliatory eviction & the new tenant protection (2015) plus the Homes (Fitness for Human Habitation) Act 2018
Post 3: Deposits: Payment, Protection and Return.
Post 4: Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?
Post 5: Rent increases: when & how can rent be increased?
Post 6: Repossession: what if a LL's mortgage lender repossesses the property?
Post 7: New landlords (1):advice & information :see links in next post
Post 8: New landlords (2): Essential links for further information
Post 9: Letting agents: how should a landlord select or sack?
Post 10: Lodgers: advice & links for landlords & lodgers
An Assured Shorthold Tenancy (AST) can exist in 3 forms:
1) Fixed Term Tenancy. This has a start date, and either a 'Term' (eg 6 months, 12 months), or a specified end date. The Term can be any length from a few days to 7 years, although
i) a landlord cannot obtain possession via the courts in the first 6 months, meaning LLs rarely agree to offer Terms of less than 6 months, and
ii) a tenancy with a Term over 3 years must be Executed as a Deed.
2) Statutory Periodic Tenancy. This is created by statute (law) automatically when the fixed term ends, if the tenant does not leave, and if no other agreement exists (eg 1 above or 3ii below). 'Periodic' means it continues on a 'rolling' basis (usually monthly, but sometimes weekly or quarterly).
3) Contractual Periodic Tenancy. This can be created either:
i) from the start (ie the initial contract specifies a 'rolling' tenancy - there is no fixed term), or
ii) at the end of the fixed term, if that is what the original contract specified would happen when the fixed term ended.