Assured shorthold tenancies

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Housing laws vary between England and Scotland. This page applies to England only. Get advice relating to Scotland

This section explains the rights you have if you have an assured shorthold tenancy with a private landlord. It covers the rights you have to live in your home without being disturbed and to get repairs done. It also explains how you can end your tenancy and when your landlord can evict you.

You can use our tenancy checker if you are not sure what type of tenancy you have, or use our directory to find an agency in your area that can help.

Checking your status

If you are unsure what type of tenancy you have, use our tenancy checker to find out. The vast majority of private rented tenants are assured shorthold tenants. You automatically have an assured shorthold tenancy if:

• you moved in on or after 28 February 1997 and
• you pay rent to a private landlord and
• you have control over your home so that your landlord and other people cannot come in whenever they want to and
• your landlord does not live in the same building as you.

You will also be an assured shorthold tenant if you moved in between 15 January 1989 and 27 February 1997 and your landlord gave you a notice saying that you have an assured shorthold tenancy before your tenancy started.

Some types of tenancy cannot be assured shorthold tenancies. These include:

• business tenancies
• tenancies where no (or a very low) rent is paid
• tenancies that started on or after 1 April 1990 and where the current rent is more than £25,000 per year
  
• tenancies of agricultural land or holdings
• college accommodation
• holiday lets.

If you fall into any of these categories and you are not sure what type of tenancy you have, get advice.

The rights an assured shorthold tenancy gives you

An assured shorthold tenancy is a tenancy that gives you a legal right to live in your accommodation for a period of time. Your tenancy might be for a set period such as six months (this is known as a fixed term tenancy). Or it might roll on a week-to-week or month-to-month basis (this is known as a periodic tenancy).

The law gives you rights to:

• get information about your tenancy
• control your home so that you can stop other people from freely entering
• get certain types of repairs done
• live in your accommodation until your landlord gets a court order to evict you

You may also have other rights, such as to get your landlord to do repairs or to challenge rent increases. However, assured shorthold tenants can be evicted fairly easily, so if you try to enforce these rights you could risk losing your home. Get advice before you decide what to do.

Your right to information about your tenancy

If your tenancy started after 28 February 1997, you have the right to ask your landlord to provide a statement of terms of your tenancy. The information that must be provided is:

• the start date of the tenancy
• the amount of rent and when you have to pay it
• how and when the rent may be changed
• the length of any fixed term.

If you ask for this information your landlord has to provide it within 28 days.

Your right to live in your accommodation undisturbed

You have the right to live in your accommodation without being disturbed. You have control over your home so that your landlord and other people cannot freely enter whenever they want to. Your landlord cannot limit or otherwise interfere with your right to live in your home. If your landlord tries to do this s/he may be guilty of harassment, which is against the law.

If you don't live in your accommodation as your 'only or principal home' you might lose your status as an assured shorthold tenant. However, it is possible to spend time living elsewhere but still keep your assured shorthold tenancy as long as you can show that you are planning to return (for example, by leaving personal possessions there).

Paying rent

You must pay the rent that you agreed with your landlord. If you don't pay your rent your landlord can take court action to evict you. If you pay rent weekly your landlord has to provide a rent book.

Getting repairs done

The law says your landlord has to keep the structure and exterior of the property in good repair. This includes:

• the roof
• guttering
• walls (but this doesn't include internal decoration)
• windows and doors

Your landlord must also keep the equipment for the supply of gas, electricity, heating, water and sanitation in good repair. Your landlord may have extra responsibilities to repair depending on what your tenancy agreement says.

You are responsible for looking after the property. This might include unblocking a sink or changing a fuse when necessary. You may also have other responsibilities depending on what your tenancy agreement says.

Your landlord must have a valid gas safety certificate for any gas appliances in the property. Any furniture provided should be fire resistant.

If your accommodation needs repairs, inform your landlord or agent. If the repairs are your landlord's responsibility and are not done there may be ways you can force your landlord to carry out the work. However, as assured shorthold tenants can be evicted fairly easily, your landlord may to prefer to evict you rather than carry out expensive repairs. Get advice if you are in this situation.

Getting other people to live with you

It is sometimes possible to get other people to live with you as subtenants or lodgers as long as you continue to live in your accommodation as your 'only or principal home'. However, you should get your landlord's agreement first, even if your tenancy agreement says it's allowed. If you don't get your landlord's agreement, s/he may try to evict you rather than allow the other person to live in the property.

If you rent out your home and move elsewhere, you will no longer have an assured shorthold tenancy. When your tenancy ends it is likely that anyone living in the property as a subtenant or lodger will no longer have any rights to live there either.

How your tenancy can be ended

Your tenancy cannot simply run out. It will continue until it is ended properly - either by you or by your landlord. This can happen in one of three ways:

• you and your landlord agreeing to end the tenancy (known as surrender)
• you serving a valid notice
• your landlord taking action to evict you (see below)

Surrender

It is possible for a tenancy to be surrendered at any time. Get your landlord's agreement in writing if possible to avoid problems later.

Notice

If you have a periodic tenancy (ie the original fixed term has ended and your tenancy runs from week to week or month to month), you have to give one month's notice in writing, or longer if you pay your rent less often. The notice should end on the first or last day of the period of a tenancy. Once the notice ends, your tenancy ends and you no longer have any right to live in your home.

If you have a fixed term tenancy (ie for one year) you will only be able to give notice during the fixed term if your tenancy agreement says it is allowed. The length of notice you have to give depends on what your tenancy agreement says.

It is possible to leave on the day your tenancy ends without giving any notice, but this is not usually advisable. It is best to give your landlord notice if you can, especially if you have paid a deposit and need it back.

Protection from eviction

One of the most important things assured shorthold tenants should remember is that you can be evicted fairly easily. The most common reason for eviction is rent arrears, but your landlord also may try to evict you if you try to challenge rent increases or get repairs done. S/he does not need to prove a reason unless your tenancy is within a fixed term, but s/he has to follow the correct procedure.

Notice requirements

Your landlord has to give you written notice if s/he wants you to leave. If your landlord is claiming you have done something wrong (such as not paying the rent), you may only get two weeks' notice.

However, if your landlord doesn't have a reason to evict you, the notice must be at least two calendar months or the same period for which rent is paid, whichever is longer. If your tenancy is periodic, the notice should end on the last day of a tenancy period (the day before your rent is due).

If you don't leave by the end of the notice period, your landlord can apply for a court order.

Court order

You cannot be evicted before your landlord has gone to court and the court has agreed to your landlord regaining possession of the property. The court's permission is on a written notice known as a possession order. The court has no choice but to make an order to evict assured shorthold tenants if the correct procedure has been followed. You may be able to ask the court to delay the order but this can only be done for up to six weeks, and only if you face exceptional hardship.

You will be given the chance to provide information to the court to help the judge decide whether or not you should be evicted. You can send information to the court and/or go to a hearing.

If you don't leave by the time a court order takes effect, your landlord can ask the bailiffs to physically remove you from the property.

Periodic tenants

If your tenancy is periodic or if the fixed term has come to an end, your landlord can evict you fairly easily. There is no need for your landlord to give a reason to the court but s/he must be able to show that you have an assured shorthold tenancy and that the correct notice has been served.

Fixed term tenants

During a fixed term your landlord must have a reason to evict you. The reason might be because:

• you have rent arrears
• you are constantly or regularly late with the rent
• you have broken the terms of your tenancy such as by subletting when you are not allowed to
• you have allowed the condition of the property to get worse
• you have caused nuisance or annoyance
• your landlord's mortgage lender is repossessing the property
• the property is being redeveloped

The court will not evict you unless it is satisfied that the reason exists. In some cases the court must also consider whether it is reasonable for you to be evicted.

Your landlord can give you two months' notice without having a reason but the notice should not run out before the end of the fixed term. Speak to an adviser if this occurs, use our advice services directory to find help in your local area.

When an eviction may be illegal

If your landlord tries to evict you without getting a court order it may be a criminal offence. Your local council should help if you have been illegally evicted or harassed by your landlord. You may also be able to get a court order to force your landlord to allow you back into the property. Get advice if you are in this situation.