Contracts
The law covering this area is complex and it is always best to seek advice if you are unsure as to the type of agreement that you are entering.
*Assured shorthold tenancy
*
This is the most common form of agreement that landlords make with tenants.
It does not have to be in writing although you have the right to request a written statement of terms. Failure by the landlord to provide this statement without reasonable cause within *28 days
- of the request may result in the landlord being fined.
An assured shorthold tenancy will (normally*) be for a fixed term of 6 months or more.
During the first six months (or longer first fixed term) your landlord cannot gain possession of the property unless you breach the contract.
A court order would be needed for your landlord to evict you and he would have to prove grounds for possession to do this.
*(Please note: There is nothing to stop a landlord granting an Assured Shorthold Tenancy for less than six months if it suits the tenants, but the landlord does not have a right to possession until 6 months has elapsed e.g. a landlord could grant a 3 month tenancy but if the tenants remained in the property after the end of the three months, possession could not be sought until the initial six months has expired).
*What happens when the fixed term expires
*?
An Assured Shorthold Agreement gives you security against eviction during the fixed term. Your landlord will not be able to evict you without a court order and will have had to prove grounds for the possession.
However, once the fixed term of the assured shorthold tenancy has expired your landlord can evict you by giving 2 months notice and getting a court order - he or she does not have to prove any ground to the court but must give you written notice.
If no further fixed term is agreed but the landlord allows you to stay on in the property, the tenancy automatically becomes a statutory periodic assured shorthold tenancy.
Under this agreement your landlord can evict you at any time providing they give you the proper two months notice. The landlord will require a court order if on expiry of the notice you do not leave. This will be granted by the court without the landlord having to prove any grounds for the possession.
If you wish to leave at the end of the fixed term (for any agreement) you must give your landlord notice (normally at least one month in line with the rental period).
*Assured tenancies
*
Since 28th February 1997, an Assured Tenancy can only be created if the landlord serves a prior notice (Section 19a notice) which explicitly says that the tenancy is to be an Assured Tenancy.
An Assured Tenancy gives you greater security than an assured shorthold agreement.
With an assured tenancy the landlord cannot get you out of the property unless they obtain a court order for possession. This will not be granted unless the landlord proves one of several grounds for possession such as rent arrears of more than 2 months.
With an assured tenancy, if the original tenancy was for a fixed term only (e.g. 6 months or a year), and your landlord does not offer you a new tenancy of the same property, then the assured tenancy automatically becomes a periodic tenancy which means that it continues indefinitely.
*Joint tenancies
*
If you share with others (except the landlord) and enter into a tenancy agreement as a group you will probably be a joint tenant.
Joint tenants are "jointly and severally liable".
This means that any one tenant (or all the tenants) can be held responsible for the payment of rent and other obligations under the contract. Problems can arise if different tenants have different intentions about how long they wish to stay, how to pay rent etc.
If valid notice is given by one joint tenant this has the effect of ending the tenancy for all the joint tenants. While a landlord may be prepared to start a new tenancy with the remaining tenants (and possible replacement tenant) this is not an automatic right.
Jointly paid deposits are also unlikely to be returnable until all original tenants have left the property. Guarantors for an individual tenant can be held responsible for other joint tenant's unpaid rent.
The law relating to joint tenancies can be complex. It is advisable to seek advice about the implications of any agreement before you sign it.
*What about if I live with my landlord
*?
If you live in the same house as your landlord you have fewer rights.
These rights will vary according to whether you live in the same building as your landlord but don't share living space or whether you share living space with your landlord.
*Living in the same building
*
You will be regarded as sharing the property with your landlord even if you live in a self-contained flat and your landlord lives in a self - contained flat in the same house. The only exception to this rule will be where the building is a purpose built block.
If you live in the same building as your landlord and have signed a fixed term agreement, your landlord cannot evict you before the fixed term expires without a court order.
If you receive a notice to quit or your landlord is trying to get you out please speak to one of housing advisers in the [Students' Union Advice and Counselling Centre|/main/support/advicecentre] .
One the fixed term has expired your landlord can evict you without a court order or formal notice to quit.
However, your landlord cannot use physical force and must behave reasonably.
*Sharing living space
*
Sharing living space means sharing the living room, kitchen, bathroom etc with your landlord.
If you fall into this category you are not a tenant as such but a licensee.
*What is a license
*?
A licence does not give you a legally binding right to occupy a property. It is simply permission of the owner to be in the property.
Licensees can normally be evicted without a court order.
In some cases you will be entitled to remain in the property until the agreed fixed term expires. Where there is no agreed term you are entitled to reasonable notice only. This will often be determined by how you pay your rent (e.g. one months notice if you pay your rent monthly).
Simply because an agreement is termed a licence this does not that it will be a licence in law.
If you are given an agreement called a licence you can have it checked by one of the housing advisors in the [Students' Union Advice and Counselling Centre|/main/support/advicecentre] *E297
