Your Assured Shorthold Tenancy Lease Agreements - A Brief Guide

This article contains some information about Assured Shorthold Tenancy agreements and what rights a tenant can expect to gain from such an arrangement.

Assured 'Shorthold' Tenancies

Most residential tenancies issued are Assured Shorthold Tenancies. Assured Tenancies on the other hand, are those usually provided by the local authority such as the Housing association. An Assured Shorthold Tenancy will usually be for a set time period for a defined amount of ground rent. It only offers the tenant a limited amount of security of tenure in that the landlord is able to terminate the tenancy at the end of the agreed fixed period.

The Housing Act (1988) does offer tenants protection under these type of agreements. A landlord is unable to remove a tenant from the property without following the correct procedures which involve having a reason for the removal and obtaining a court order.

The Tenancy Agreement

The tenancy agreement will contain all the arrangements established between the landlord and tenant. It will therefore dictate the amount of ground rent payable and how often these payments are to be made. It does however contain less obvious information, which is often overlooked by tenants.

The agreement will detail the landlord's responsibilities regarding the maintenance of the property. It is important to ensure that the maintenance clause within the agreement is comprehensive and that if as a tenant, you are paying a substantial service charge that this will be used effectively. Check what the agreement states about decoration obligations and what happens at the end of the tenancy. If you are taking out a short term tenancy for only a year then you will not want to be responsible for redecorating the property at the end of your tenancy.

Is the amount of deposit the landlord is asking for proportional to the size and type of property. If the deposit is an unusually large amount, feel free to ask the landlord why this is. Deposits often form a common ground for negotiation.

Where possible any tenant obligations that are restrictive, for example not to keep pets on the premises, should be subject to the landlords consent. This means that the landlord should consider any requests you may have instead of an automatic denial. Note, some clauses held within the agreement that require 'the landlord's consent' are extended by law to say 'which is not to be unreasonably witheld', your solicitor will be able to show you which clauses this applies to.

Implied terms

Your tenancy agreement will contain many express provisions as agreed between both you and the landlord. You should be aware however that by law it also contains implied terms binding you both.

The following are some examples of implied terms, which a landlord must observe:

- To ensure the maintenance of electricity and gas supplies.

- To maintain water supplies.

- Ensure the property has good sanitation amenities.

- The tenant has the right to quiet and peaceful enjoyment of the property.

The tenant also has to obey implied terms such as keeping the property in good condition and not causing unnecessary damage. The landlord will usually make this clause express within the agreement.

Break Clauses

A break clause is a term which allows a tenancy to end earlier than the agreed term. These are very important if as a tenant you need to get out of the lease before it ends, the term acts as a safety net.

Normally a break clause will specifiy certain dates which you are able to get out of the lease, so bear this in mind during the tenancy. Not only this but often if you do not keep to the terms of the lease, for example if you breach a repair clause or do not pay your rent on time, then your rights under the break clause may be lost.