Listed below are the most common types of tenancy, if you are concerned about your rights please contact us and an adviser will be pleased to help you
Assured shorthold tenancy (AST)
You probably have an assured shorthold tenancy if:
- your tenancy started on or after 28 February 1997
- your landlord lives somewhere else
Most private tenants have an assured shorthold tenancy (AST). You can have an AST if you rent from a friend or a family member who does not live in the property.
Most tenancies start with a written agreement. Written tenancy agreement can give you extra rights or responsibilities. Before you move in your landlord must give you the latest copy of the:
- gas safety record
- electrical safety check
- energy performance certificate (EPC)
You should take your own inventory and photographs even if the landlord says he has already done this
You can still have an AST even if you do not have a formal written agreement.
You can ask for a written statement of terms. This means:
- the start date of tenancy
- the rent amount and date it should be paid
- any rent review clause
- the length of any fixed term
Your landlord must give you a written statement of terms if you ask for it. You also have the right to the name and address of your landlord
Many ASTs start with a fixed term agreement. For example, 12 months. At the end of the fixed term your tenancy becomes a periodic rolling tenancy or you can agree a new fixed term.
If your fixed term has ended, your landlord can give you 1 month’s notice of a rent increase.
Your landlord can only put your rent up during a fixed term if either:
- you agree to pay it
- your tenancy agreement has a rent review clause
A rent review clause is a term in your agreement. It should say:
- when an increase can happen
- how much notice you’ll get
It might say how the new rent is worked out. For example: your rent will increase every April in line with inflation.
Deposits in ASTs
Most landlords will ask for a deposit before you move in A tenancy deposit is a sum of money that you pay to your landlord or letting agent before you move in.
The deposit is your money. You should get it back when your tenancy ends, but your landlord could keep some or all of it for things like:
- missed rent payments
- damage to the property
A tenancy deposit cannot usually be more than 5 weeks’ rent. This limit is for assured shorthold tenants, students in halls of residence, and lodgers, as long as your rent is less than £4,167 a month.
Your landlord or agent have 30 days from when they get your deposit to:
- protect it in a tenancy deposit scheme
- give you information about the scheme
Assured tenancy
Most housing association tenants have assured tenancies.
Assured tenancies are lifelong tenancies which only end if either:
- you choose to leave and give notice
- your housing association evicts you
Some housing associations give new tenants starter or assured shorthold tenancies. You can be evicted more easily from these types of tenancy.
Some people have fixed term assured shorthold tenancies. The fixed term must be at least 2 years.
Some new tenants get starter tenancies. These usually become an assured tenancy or a fixed term AST after a year.
You usually have an assured tenancy if you were a council tenant but a housing association became your landlord later on.
You might have some secure tenant rights. Check your tenancy agreement or ask your housing association.
Secure tenancy
Most council tenants are secure tenants with strong rights.
A secure tenancy is usually a lifetime tenancy.
Some new council tenants get an introductory tenancy. This usually becomes a secure tenancy after the first year.
The council may offer you a fixed term tenancy called a flexible tenancy. This is a type of secure tenancy that lasts for a fixed term.
The council will give you a written tenancy agreement.
This tells you:
- the type of tenancy you have
- your rights and responsibilities
Ashford Borough Council provide a tenant’s handbook. This has more information about your tenancy.
You might have a fixed term flexible tenancy. The fixed term must be at least 2 years.
Some new council tenants get introductory tenancies. These usually become secure tenancies after the first year.
Lodger
You are a lodger if you share rooms like a kitchen, bathroom or living room with your landlord.
You are probably an occupier with basic protection if:
- you’re a student in university owned halls of residence
- your rent is more than £100,000 a year
- your rent is less than £1,000 a year in London or £250 a year outside London
You are also probably an occupier with basic protection if you and your landlord have lived in separate flats in a converted house since your tenancy started.