Assured shorthold tenancies (AST)

Most private tenants have an assured shorthold tenancy (AST).

You're likely to have an AST if:

• you do not live with your landlord

• your tenancy started on or after 28 February 1997

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.

Eviction

Your landlord could use the section 21 process to end your tenancy. They can only do this in a fixed term if there's a break clause.

Your landlord does not need to give a reason for a section 21 eviction.

They could also use a different process called section 8. But they need a legal reason for this. For example, rent arrears.

Unless you agree to move out your landlord must follow the legal eviction process. They must give you notice and then get a court order to evict you.

You do not have to leave straight away just because:

• the landlord tells you to

• your fixed term ends

• a section 21 or section 8 notice ends

Pressure to move out before your tenancy ends legally will usually count as harassment.

Ending your tenancy

Some fixed term agreements have a break clause which allows you to end the tenancy early by giving notice. Sometimes you can negotiate to end a fixed term tenancy early.

Periodic rolling tenancies are easier to end. You can give a notice to end a rolling tenancy.

At the end of a fixed term

You have options when your fixed term tenancy ends.

If you want to stay, you can either:

• agree a new fixed term contract – your rent may increase 

• stay in your home without signing a new contract – your agreement becomes periodic and rolls on monthly at the same rent

If you want to leave, you can usually end your tenancy by moving out and returning the keys by the end of the fixed term.

Check your contract to see if you have to give notice that you're leaving. 

If you're a joint tenant you need to discuss what you want to do with the other tenants.

Rent increases

Your landlord cannot increase your rent during a fixed term unless either:

• you agree to it

• your contract has a rent review clause 

A rent review clause sets out:

• when an increase can happen

• how much notice you'll get

• a method for rent increases – for example, a formula for calculating the new amount

If your fixed term has ended, your landlord can give you 1 month's notice of a rent increase.

Find out more about rent increases for private tenants.

Your tenancy agreement

You can have an assured shorthold tenancy without a written agreement but most tenancies start with a contract.

Your landlord must give you a written statement of terms if you ask for it. This means:

• the start date of tenancy

• rent amount and date due

• any rent review clause

• the length of any fixed term agreement

You also have the right to the name and address of your landlord.

A written tenancy agreement can give you extra rights or responsibilities.

Find out what to look for in your tenancy agreement.

Repairs and safety checks

Before you move in your landlord must give you the latest copy of the:

• gas safety record

• electrical safety check

• energy performance certificate (EPC)

Your landlord must arrange for:

• repairs the landlord is responsible for

• gas safety checks by a Gas Safe engineer each year

• electrical safety checks by a qualified electrician every 5 years

Deposit protection

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

Your landlord may not be able to give you a section 21 notice if your deposit is not protected or protected late. Find out more about the tenancy deposit protection rules.

You should get a full refund of the deposit when the tenancy ends unless the landlord has a legal reason to keep your deposit.