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Tenants legal help – five things you didn’t know about your assured shorthold tenancy

This post is more than 14 years old

February 21, 2011 by Tessa Shepperson

Edwardian Terrace, Didsbury, Manchester, UKThe Assured shorthold tenancy is the most common form of tenancy in the private rented sector today. But did you know the following five facts?

  • Most tenancies are automatically an assured shorthold tenancy, whether or not the landlord gives you a written tenancy agreement
  • However, if your landlord does not give you a tenancy agreement, he cannot evict you using the special ‘accelerated’ possession procedure
  • If you move into a property under an assured shorthold tenancy and think the rent is a bit high, you can refer this to the Rent Assessment Panel for review. You can find out more about this here.  However you might want to think twice about doing this if you want to stay in your property long term, as challenging the rent will not endear you to your landlord!
  • Your landlord cannot use the section 21 procedure to evict you before the fixed term of your tenancy has come to an end, unless there is a break clause in your tenancy agreement
  • If your landlord serves a section 21 notice on you after your fixed term has ended, and it does not say “section 21 of the Housing Act 1988” on it anywhere, it will be invalid.

Do have any little known facts about ASTs to share?

Tenants will find lots more information about their assured shorthold tenancy and the section 21 eviction procedure on my main Landlord Law web-site.

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Filed Under: Tenants Tagged With: five things you didn't know

Notes:

Please check the date of the post - remember, if it is an old post, the law may have changed since it was written.

You should always get independent legal advice before taking any action.
Please read our terms of use and comments policy. Comments close after three months

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The purpose of this blog is to provide information, comment and discussion.

Please, when reading, always check the date of the post. Be careful about reading older posts as the law may have changed since they were written.

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