Ending an Assured Shorthold Tenancy Agreement: A Guide for Landlords and Tenants
Assured Shorthold Tenancy (AST) agreements are a popular type of tenancy agreement in the UK, with more than 80% of private tenancies being ASTs. Such agreements are generally granted for a fixed term, allowing tenants to occupy a rented property for a period of time agreed with their landlord.
However, circumstances may arise where a tenant or landlord may need to end an AST agreement before the fixed term is up. This could be due to a variety of reasons such as job relocation, personal circumstances, or property maintenance issues.
If you are a landlord or tenant considering ending an AST agreement, here`s what you need to know.
Tenant’s Responsibilities
If a tenant wishes to end an AST agreement before the fixed term is over, they may need to give notice to their landlord in writing. The notice period required will depend on the type of agreement and the circumstances surrounding the termination.
For a periodic AST agreement, the notice period is usually four weeks, which means the tenant must give four weeks` notice in writing before they can end the tenancy. However, if the tenancy agreement specifies a longer notice period, the tenant must comply with this.
If the tenant wants to end an AST agreement early, they may have to pay the rent for any period that they occupy the property until the end of the notice period.
Landlord’s Responsibilities
If the landlord wishes to end an AST agreement before the fixed term is over, they must follow certain legal procedures to protect their tenants` rights. The landlord must serve a valid Section 21 notice to the tenant, which gives them at least two months` notice before the end of the tenancy agreement.
In addition to this, the landlord must have good reason for ending the tenancy, such as non-payment of rent or significant damage done to the property. If the landlord does not have a valid reason for ending the tenancy, the tenant may be able to challenge the eviction in court.
Ending a Joint Tenancy
If more than one person holds the AST agreement, you will need to decide how to end the tenancy. If all tenants want to leave, they can provide joint written notice to the landlord. However, if one tenant wants to leave and the others want to stay, the leaving tenant must provide written notice of their intention to leave.
If the remaining tenants can afford the rent without the leaving tenant, the landlord might agree to create a new tenancy agreement for the remaining tenants.
Expert Assistance
Ending an AST agreement early can be a complex and challenging process. To avoid any confusion or legal complications, you may wish to consult with a qualified legal professional. They can advise you on your rights and responsibilities and help you ensure that the process runs smoothly.
In conclusion, ending an AST agreement early requires careful planning and consideration from both landlords and tenants. By following the legal procedures and seeking expert assistance if necessary, you can ensure a smooth and hassle-free process that protects the rights of all parties involved.