What Happens At The End Of An Assured Shorthold Tenancy Agreement
An AST depends on the tenants who live in the property as their sole and principal residence; otherwise, there is no protection of the dwelling and the tenancy (which is then a common law tenancy) can be terminated without further delay with a termination and a legal application from the landlord. Landlords are also not required to comply with the rent deposit obligation if the rental is not an AST. Whether you let the rental continue to operate periodically or insist on a new set term really depends on what you want and what is best under the circumstances. Most tenancy ends amicably when the tenant gives the landlord notice of termination. However, in a minority of cases, the owner may have to resort to eviction, and that is what this article is about. Recent legislation has led to a more complex process where it is imperative that owners/agents have issued the right documents. This type of periodic tenancy is called “legal” periodic tenancy – because it was created by law, i.e. section 5 of the Housing Act 1988. With guaranteed short-term rentals, the owner can also acquire property under section 21 of the Housing Act 1988 without having to prove a reason for ownership. For more information on the requirements for using the notification procedure under Section 21, see Section 21 Notifications. One of the advantages of contractual periodic rentals is that you can specify the duration of your periodic rental, which creates security. It`s a good idea to let your landlord know you`re planning to leave, even if it`s not mentioned in your agreement. When does your rental end? Have you received a cancellation? If such a clause does not exist in the lease and the tenancy is periodic, a notice of termination must be served in conjunction with a notice under section 8 – the termination has the effect of terminating a periodic tenancy.
A notice under § 21 is also used to terminate a “periodic” rental, but particular attention must be paid to the wording used and the calculation of the correct notice period. A clause in the lease may require the tenant to inform the landlord if they intend to leave on the last day of a limited time. If the tenant does not inform the landlord in accordance with the contract, the landlord may be able to argue that the landlord has suffered a loss and/or that additional costs have resulted. Ending a tenancy prematurely Sometimes tenants want to end the tenancy prematurely and, in rare cases, also the landlord. This can only be achieved through negotiations and agreements between the parties. A landlord or tenant may be willing to accept an early transfer, or agree to do so with compensation – cash compensation. Neither the landlord nor the tenant are legally obliged to do so and both can insist on enforcing the contract until the end of the term. If the rental ends due to the mutual interruption clause of the contract, the agreed notice period is required. The interruption clause can be found in Article 11 of our AST.
the tenancy began after April 2007 and you did not place the tenants` deposit in a deposit guarantee scheme If the tenant violates the lease (most often by not paying the rent), the landlord can take steps to end the tenancy prematurely by giving instructions to the tenant in accordance with section 8 of the Act. . . .
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