Welcome to the Tenancy Agreement Project
We provide tenants and landlords in England Wales with resourceful information on aspects of Tenancy Agreements. We cover the most frequently occurring issues with comprehensive information in an easy to understand way. We also have a selection of forms available for download, including tenancy agreement contracts, and guarantor forms.
What is an Assured Shorthold Tenancy?
An Assured Shorthold Tenancy (AST) is the most common type of tenancy in private letting in England and Wales. A Tenancy Agreement is a legal document containing the details of the Assured Shorthold Tenancy (AST) so both landlord and tenant know where they stand.
While you can legally form a verbal AST (i.e. tenant and landlord agreeing to the T&C’s of the tenancy over a conversation), it is strongly advised to use a written contract to avoid any confusion. Without one, it may prove very difficult to prove what was agreed upon, which could cause significant problems if a dispute arises.
Buy Tenancy Agreements For Furnished Letting
Buy Tenancy Agreements For Unfurnished Letting
Requirements for an Assured Shorthold Tenancy
There are generally several factors which will determine whether or not an Assured Shorthold Tenancy has been agreed to. If the agreement in place meets all the following criteria, then it’s typically an Assured Shorthold Tenancy:
- If the tenant pays less than 25k per year in rent (25k will change to 100k in October 2010)
- If the tenant moved into the property on or after 28th febuary 1997
- If the tenant is renting from a private landlord
- If the tenant has rights to have privacy in the property where the landlord cannot enter the property without mutual agreement
A tenancy is unlikely to be an Assured Shorthold Tenancy if…
There are also several factors which will determine if an agreed tenancy is NOT an Assured Shorthold Tenancy. If the agreement in place meets all the following criteria, then the tenancy is unlikely be an assured shorthold tenancy:
- If the property receives more than £50k per year in rent
- If the property receives very low, or not rent at all
- If the property is a holiday home
- If the property is let to a private limited company
- If the property is owned by the Crown or a government department
- If the property is being let with more than two acres of agricultural land or an agricultural tenancy