Assured shorthold tenancies

Assured shorthold tenancies are assured tenancies that can also be brought to an end by giving at least 2 months notice.  The notice must be served after the commencement of the tenancy, cannot expire during the fixed term and must en at the end of a period of the tenancy.  The fixed term has to be for at least 6 months and there must be no general right to terminate the tenancy within 6 months of the beginning of the tenancy.

Almost all private residential tenancy agreements nowadays are assured shorthold tenancies.  They provide no long-term security and are subject to minimal rent control, which is why landlords like them.  Prior to 28 February 1997 to create an assured shorthold tenancy landlords had to serve a notice on the intended tenants informing it was to be an assured shorthold tenancy before the tenancy agreement was entered into.  Since 28 February 1997 all new tenancies are assured shorthold tenancies unless the landlord serves notice stating it will be an assured tenancy (and they never do) or the tenant originally moved in under a different type of tenancy.

To recover possession of a property let on an assured shorthold tenancy requires a notice to be served on the tenant, a possession Order to be obtained from the Court and that Order to be executed.  The notice can be a section 8 notice relying on the grounds set out in Schedule 2 of the Housing Act 1988 (see possession) or a section 21 notice giving 2 months notice.

There are technical requirements for a section 21 notice which are fatal if not complied with.  Despite the fact that the legislation has been in place for a considerable period of time there are still plenty of landlords and letting agents who get these wrong.  Also, you cannot rely on a section 21 notice if the tenant's deposit has not been protected in accordance with the deposit protection legislation.

Tenants rarely pay their rent if they are being evicted, even if they paid it before.  Seeking possession based on a section 21 notice entitled a landlord to use the accelerated possession procedure, instead of the normal possession procedure.  Provided you know what you are doing and prepare the case properly the case is decided on paper and is dealt with much more quickly.  However, if the paperwork is not in order or the case is defended the Court will either dismiss the claim or list it in the normal possessions list and all the benefits of speed will be lost.

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