Assured Shorthold Tenancy Agreement 2018
The latest Assured Shorthold tenancy Agreement for 2019 has now been uploaded for Download on the document page. All members can now download this. The latest assured shorthold tenancy agreement has changed and some safeguards written into it due to the Deregulation Act 2015.
Assured shorthold tenancy agreement, what is it?
Assured shorthold tenancy agreement is a legal document between a landlord and their tenants, which sets out the legal terms and conditions of the tenancy.
Most tenancy agreements will automatically be assured shorthold tenancy agreements. They will likely be this type of tenancy agreement if:
- You are a private landlord
- The tenancy began on or after 15 January 1989 (provided the tenancy was in writing and a section 20 notice was served)
- The property is yours tenant’s main residence
- You don’t live in the property
A tenancy cannot be an assured shorthold tenancy agreement if:
- It started before 15 January 1989
- The rent is in excess of £100,000 a year
- The rent is lower than £250 a year (lower than £1,000 if the property is in London)
- You’re renting a business premises
- It’s a holiday let
- The landlord is a local council
Why do I need an assured shorthold tenancy agreement?
Even if you don’t have a written contract with your tenant, a tenancy agreement will still be in place. Under s54(2) of the Law of Property Act 1925, a tenancy will exist as soon as a tenant starts paying rent.
However, having a written tenancy agreement allows you to make certain stipulations, such as how and when you will review rent or the circumstances under which you may withhold all or part of your tenant’s deposit.
Without a written agreement you won’t even be able to prove how much rent the tenant owes you, so may find yourself caught out.
What to include in an assured shorthold tenancy agreement
There are a number of things that you can include in an assured shorthold tenancy agreement. The BLA Assured shorthold tenancy covers:
- The names of everyone involved in the agreement
- How much the rent will be
- How often the rent will be paid
- How much the deposit will be
- Reasons you may withhold all or part of the deposit
- The address of the property
- The start date and length of the tenancy
- The tenants’ responsibilities, such as paying council tax and maintaining the property
- Your obligations, such as repairs to the property
There are other covenants and obligations you may want to consider including, such as:
- How and when you will review rent
- Whether the property can be sublet
- Whether the tenancy can be ended early and how this can be done
If you want to add to or remove any parts of the tenancy agreement, you should seek legal advice before doing so.