An assured short hold tenancy or AST gives a tenant the legal right to live in a property for a specified time. This specified time a tenancy runs for can be a fixed term tenancy of 6 months or a periodic tenancy which rolls on week to week or month to month.
The tenant has the right to live in the property without being hassled or disturbed. The landlord and any other people cannot enter the property as the tenant has the right to have control over their home.
A landlord cannot interfere with the tenant's rights to live in their property.
The law says your landlord has to keep the structure and exterior of the property in good repair. This includes:
The roof Guttering Walls (but this doesn't include internal decoration) Windows and doors
Your landlord must also keep the equipment for the supply of gas, electricity, heating, water and sanitation in good repair. The accommodation must have a valid gas safety certificate for any gas appliances in the property.
The equipment for the gas, electricity, heating, water and sanitation must be kept in good repair by the landlord.
Depending on what the tenancy agreement says a tenant can have more responsibility for the upkeep of the property.
A tenant has the responsibility of certain aspects when it comes to looking after the property. This is all dependant on what the tenancy agreement says in regards to the responsibilities for the upkeep of the property.
Start date of the tenancy Amount of rent and the date it must be paid How and when the rent may be changed If rent is charged weekly a rent book must be provided The length of any fixed term
The information that the landlord will have to provide will be:
Start date of the tenancy Amount of rent and the date it must be paid How and when the rent may be changed If rent is charged weekly a rent book must be provided The length of any fixed term
The tenant has rent arrears The tenant is constantly or regularly late with the rent The terms of the tenancy have been broken The tenant has allowed the condition of the property to get worse The property is being repossessed The tenant has caused nuisance or annoyance
If the landlord decides to evict the tenant during a fixed term tenancy then it could be for one of the following reasons:
Unless you have a valid reason for possession of your property the court will not grant a possession order. The court will also consider if it is within reason to evict your tenant.
To evict the tenant before a fixed term is up the landlord will need to have applied to the court for a possession order. Before serving a possession order he must first serve the tenants with a section 8 notice specifying the grounds of possession.
Unless a valid reason exists the court will not grant a possession order. The court also has to take into consideration whether it is reasonable for a tenant to be evicted.
For further information in regards to how to serve a section 21 periodic notice please visit Landlord Angel.
Your tenant cannot be evicted from your property unless the court has given the order for possession. If you the landlord have followed the correct procedure then the court will have no choice but to grant the possession order.
The court has no choice but to make an order to evict assured shorthold tenants if the correct procedure has been followed. It is possible for tenants to get the court to delay the eviction for up to six weeks if they can show they will face exceptional hardship.
If a tenant does not leave even after the possession order has been granted then the landlord can apply to the court to physically remove tenants from a property.
Author Resource:
To serve an eviction notice on your tenant in as little as 3 minutes check out Landlord Angel .
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