Assured Shorthold Tenancies - Rights of Landlords and Tenants

The rights of landlords and tenants of residential properties depend upon when the original tenancy was entered into. This article will only discuss tenancies granted after 15 January 1989, which are known as Assured Shorthold Tenancies ("Shortholds"). Under these tenancies the landlord has an absolute right to possession at the end of the fixed term, and because of the lack of security of tenure, Shortholds are very popular with landlords.

Is there a minimum duration for a Shorthold tenancy?

The Shorthold needs to be for a fixed term and for a minimum duration of 6 months.

Does the landlord have a right to possession?

As the tenant has no security of tenure, the court must grant the landlord an order for possession subject to the landlord following the correct procedure. This involves the landlord serving on the tenant a notice not less than two months before the date he requires possession ("the Section 21 notice").

How does the landlord obtain possession at the end of a Shorthold tenancy?

Unless the tenant leaves voluntarily, the landlord will need to apply to the court for an order for possession. If the landlord follows the correct procedure, i.e. a Section 21 notice has been correctly served on the tenant, the court must make an order for possession in favour of the landlord.

Are there any grounds for possession during the term of the Shorthold?

The grounds for possession during the term of the tenancy are set out in the Housing Act 1988. These grounds are either mandatory grounds for possession i.e. those which if proved require the court to make an order for possession in the landlord’s favour, and discretionary grounds i.e. proof of which will only result in an order for possession if the court considers it reasonable to do so. The mandatory grounds include possession required to demolish or reconstruct the property and substantial rent arrears. The discretionary grounds include persistent delay in paying rent, waste or neglect and nuisance. When a landlord is seeking possession of the property during the term of the tenancy a Section 8 notice will need to be served on the tenant before proceedings can be commenced, and not a Section 21 notice.

The Protection from Eviction Act 1977, Section 3

Section 3 of the Protection from Eviction Act 1977 provides that when a tenancy that is not ‘statutorily protected’ comes to an end, but the former tenant still resides there; he cannot be evicted without a court order. Any eviction of the tenant contrary to this section will give rise to a claim in tort for breach of statutory duty.

Summary

The initial grant of a Shorthold must be for a fixed term and for a minimum of 6 months

At the end of the Shorthold the tenant is allowed to stay in the property as a statutory periodic tenant but does not have security of tenure

The court must grant the landlord an order for possession if he follows the correct procedure

The Housing Act 1988 sets out the grounds for possession during the term of the tenancy. An order for possession is subject to service of a Section 8 notice and proving one of the grounds for possession.

Section 3 of the Protection from Eviction Act 1977 provides that a tenant of a tenancy that is not ‘statutorily protected’ cannot be evicted without a court order.

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