Over the years there have been many changes in the Law relating to tenancies and letting agreements. Our experienced letting staff have always kept abreast of any changes as and when they occurred, and can offer advice to both Landlords and Tenants with regards to any existing tenancy agreement.

Housing Act 1988

Currently, the tenancies we grant to tenants on behalf of Landlords, on our standard form of Letting Agreements, are Assured Shorthold Tenancies under section 20 of the Housing Act 1988, as amended by Part III of the Housing Act 1996.

In order for the tenancy to be an Assured Shorthold Tenancy, the following rules must apply:

	The period of the tenancy must be for a fixed term of not less than six months. Although landlords may grant a tenancy for longer periods if they wish, we would recommended that initially a six month term is adhered to until experience of the tenant has confirmed his or her suitability.
	The proposed tenant immediately before the granting of the tenancy must not have been occupier of the same premises as an Assured, Statutory or Protected Tenant.
	The tenancy must not be capable of being brought to an end by the Landlord before the expiration of the fixed term unless there has been a breach of the Tenancy Agreement.

Possession of the Premises

Once an Assured Shorthold Tenancy has been granted, providing the Tenant keeps to the terms of the tenancy, he or she will be entitiled to remain in the dwelling for at least the period of the fixed term (usually six months).

If the Landlord requires possession of the premises, the tenant must be given two months notice of the Landlords intention to apply to the Courts for a Possession Order. In most cases Tenants will find alternative accommodation within this two month period, and give up occupation of the premises. Occasionally however, it is necessary to make the application to the Court so if a Landlord requires the premises for his own occupation he must allow sufficient time for this process to take place.

If at the end of the fixed period the Landlord is happy for the tenant to remain in occupation, we would recommend that the tenancy be allowed to continue as a Statutory Periodic Tenancy. When the Landlord chooses not to exercise his right to possession by simply doing nothing, the tenancy automatically becomes a Statutory Periodic Tenancy. The terms and conditions of the original Shorthold remains, with the Landlord being able to bring the tenant to an end by service of the required two months notice at the appropriate time at any point in the future.

Alternatively, a landlord may grant a further fixed term if he wishes, but we believe that a Statutory Periodic Tenancy gives the landlord more flexibility should circumstances change.

We are always happy to provide property owners with a copy of our standard form of Tenancy Agreement for their perusal if required. In addition we can always incorporate any extra clauses into the Agreement to cover any particular requirements of the Landlord, providing such clauses will not be contrary to the Housing Act 1988.