What is an assured tenancy?
Under the laws of the United Kingdom, an assured tenancy is a tenancy that gives a tenant the legal right to occupy the rental premises for a period of time, which might be a fixed period (a
fixed term tenancy, such as for 1 year), or which might run month to month, week to week, etc. (a
periodic tenancy).
In order for a tenant to keep his/her status as an assured tenant, the rental premises must be the tenant's principal residence. However, it is possible to spend some period of time living elsewhere without losing one's assured tenancy. To do this, a tenant must demonstrate that s/he is planning to return, for instance by leaving personal possessions in the residence.
What's the difference between an assured tenancy and an assured shorthold tenancy?
An assured shorthold tenancy does not give a tenant long-term security, and is not regulated by usual rent controls. An assured shorthold tenancy gives a landlord a guaranteed right to repossess the property at the end of the rental term.
Are all tenancies assured or assured shorthold tenancies?
No. The Housing Act sets out a number of tenancies that cannot be assured or assured shorthold:
* lettings to companies,
* lettings for no rent, low rent or high rent (over £25,000 per year),
* holiday lettings,
* tenancies granted by a resident landlord (i.e. a landlord who lives in the same property as the tenant),
* tenancies for property let with more than 2 acres of agricultural land, or an agricultural tenancy,
* tenancies entered into before 15 January 1989, or a tenancy that was previously a protected tenancy.
All of these excluded tenancies are generally known as “common law” or “contractual” tenancies.
What rights does an assured tenant have?
* The tenant has the right to live in the premises without being disturbed by the landlord or other people.
* The tenant has the right to challenge rent increases.
* The tenant has the right to demand that the landlord keep the premises in good repair.
* The tenant has the right to pass the tenancy over to someone else in certain circumstances.
* The tenant has the right to live in the premises until the landlord obtains a court order for eviction.
If the landlord owns the property, does he/she not have the right to enter the premises anytime?
No. The tenant has the legal right to occupy the premises without being disturbed. This is sometimes referred to as “quiet possession”. The landlord cannot interfere with this right, otherwise it may be considered harassment, which is against the law.
How can a tenant challenge a rent increase?
If the tenant is a fixed term tenant, the rent cannot be increased unless the tenant agrees to it. If the tenancy is a periodic tenancy, the rent can be increased if:
* the tenant agrees to the increase,
* there is a procedure for rental increases written into the tenancy agreement,
* the landlord gives the tenant written notice of a change to the terms of the tenancy, and of the proposed rent increase, including the date on which the increase will take effect.
If the tenant does not agree to a rent increase, s/he cannot be evicted as long as s/he continues to pay the original rent. However, if the tenant starts paying the increased rent, it is assumed that s/he has agreed to the increase.
If the landlord serves the tenant with a rent increase notice which the tenant does not agree to, the tenant may challenge it. In such event, the rent assessment committee may decide the amount of rent that should be charged.
Who is responsible for repairs and maintenance of the property?
The law requires the landlord to keep the structure and exterior of the premises in good repair, including the roof, gutters, walls (not including internal decoration), windows, doors, and all equipment for the supply of gas, electricity, heating, water and sanitation. The landlord may have additional obligations, depending on what is included in the tenancy agreement.
The tenant is responsible for maintaining the interior of the premises in good condition, including keeping the place in a clean and safe condition, unclogging drains, changing fuses, and any other responsibilities that may be set out in your tenancy agreement. It is the tenant's responsibility to notify the landlord or agent if repairs are needed.
Is it possible for a tenant to pass on their tenancy to someone else?
A tenancy can only be passed to another tenant (i) if the original tenant dies, (ii) if the tenancy agreement specifically allows for the tenancy to be passed on, or (iii) if the landlord agrees to it. If an assured tenant dies, it may be possible for the tenancy to be passed on to a spouse or partner. This is known as “succession” and is only possible if the tenancy HAS NOT BEEN PREVIOUSLY PASSED ON THIS WAY. A tenancy cannot be passed by succession in a same sex partnership, and it can only take place if the spouse or partner was living in the premises at the time of the tenant's death.
What about subletting the premises?
Unless the tenancy agreement disallows it, a tenant may sublet to a subtenant or take in lodgers, as long as the tenant continues to live in the premises. If the tenant moves out, s/he no longer has an assured tenancy, and it is likely that any subtenant or lodger living in the property will no longer have the right to live there.
How can an assured tenancy be terminated?
An assured tenancy continues until it is terminated by either party. If both parties agree to terminate the tenancy (surrender), this can be done at any time, however, it is advisable to put it in writing.
If the tenancy is a periodic tenancy, the tenant can terminate by giving one rental period's notice in writing (e.g. one month for a month-to-month tenancy). The notice period and the tenancy should end on the day that the rent is due. For a fixed term tenancy, the tenant can only give notice of termination during the term if the tenancy agreement allows it. A tenant can also terminate by vacating the premises on the date the fixed term tenancy ends, without giving any notice. However, the tenant should notify the landlord that s/he intends to do so, in order to facilitate return of the deposit.
How can a landlord evict an assured tenant in the United Kingdom?
In order to evict an assured tenant, the landlord must go to court and obtain a possession order. The court will only grant a possession order if the landlord has grounds to evict (such as non-payment of rent). Prior to going to court, the landlord must serve the tenant with written notice. Depending on the grounds, the notice period can vary from 14 days to two months. The landlord can commence eviction proceedings in court at any time for a 1-year period following the date of the notice.
A landlord can evict a tenant on a number of grounds, which are divided into mandatory and discretionary grounds. Mandatory grounds include such things as: (i) the tenant being more than 8 weeks in arrears with rent; (ii) a mortgage lender repossessing the property; (iii) the property is being redeveloped. Discretionary grounds include: (i) the tenant being habitually late with the rent; (ii) the tenant being in breach of the tenancy agreement; (iii) the tenant using the property for illegal activities.
A landlord cannot evict a tenant without getting a court order. If a tenant feels s/he is being harassed or has been illegally evicted, s/he should contact the local council for assistance.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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