Assured Shorthold Tenancy Agreement 2020
The latest tenancy for 2020 has been uploaded for Download. All members can download this from our Document download page. The latest 2020 tenancy has been updated. Major changes have been made to this tenancy, due to the Deregulation Act 2015. This tenancy also incorporates the Tenant Fees Act 2019 clauses.
What is an Assured shorthold tenancy?
This is a legal document between a landlord and their tenants, which sets out the legal terms and conditions of the tenancy.
Most tenancies will automatically be an assured shorthold tenancy. They will likely be this type of tenancy if:
- The tenant is a private tenant (not a company)
- The tenancy began on or after 15 January 1989 (provided the tenancy was in writing and a section 20 notice was served)
- Or the tenancy commenced after 28th of February 1997
- The property is your tenant’s main residence
- You don’t live in the property
A tenancy cannot be an assured shorthold tenancy 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 business premises
- It’s a holiday let
Why do I need a tenancy?
Even if you don’t have a written contract with your tenant, an 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 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 may not be able to prove easily, how much rent the tenant owes you. This may cause you problems.
What to include in an assured shorthold tenancy?
There are a number of things that you can include in a tenancy. The BLA Assured shorthold tenancy covers:
- The names of the tenants
- How much the rent will be
- How often the rent will be paid
- How deposit paid
- 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
Other covenants and obligations you may want to consider:
- 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 or remove any parts of the agreement, you should seek legal advice before doing so.
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Date: 24th of March 2020