The Tenancy Agreement

Your property will normally be let on an Assured Shorthold Tenancy as introduced by the Housing Act 1988 and amended by the Housing Act 1996. Under such a tenancy the landlord has a right to a vacated property at the end of the tenancy. Such tenancies are suitable for either furnished or unfurnished properties. The initial fixed term is usually for at least six months and there is no maximum.

The landlord must serve at least 2 months Notice (expiring at the end of a rent period of the tenancy) in order to terminate the tenancy. The tenant must serve at least 1 months Notice (expiring at the end of a rent period of the tenancy) in order to terminate the tenancy. The tenancy cannot be brought to an end by either side before the end of the initial 6-month term, except in certain circumstances such as non-payment of rent.

When the initial 6-month term ends, if the landlord has not served notice, the tenant may hold over in the property under terms of the Tenancy Agreement. The landlord may at any time after the initial 6-month period serve 2 months notice to recover possession and the the tenant can serve 1 months notice to vacate the property, but the agreement can continue indefinitely if both parties agree.

Generally, the landlord is responsible for repairs to the structure and exterior of the property (including drains, gutters and external pipes) and for repairing and maintaining the installations for gas, water and electricity, sanitation appliances and space and water heating appliances.

Rent will be payable by the tenant, monthly in advance; due on the corresponding day to that from which the tenancy is commenced. The tenant is responsible for the payment of water rates, council tax, gas and electricity and telephone bills in addition to the rent. These are paid direct by the tenants to the relevant authorities and the landlord should ensure termination of his own account with each authority on the day he vacates.

The landlord is responsible for Buildings Insurance. The tenant is required to take out insurance to cover both his possessions and matters for which he is responsible as a tenant. We cannot undertake to ensure that tenants have taken out the necessary insurance, but this does not relieve them of their repairing obligations.

Occasionally, but very rarely, for some reason tenants may refuse to vacate a property despite their tenancy being terminated correctly. In such a case, once the Notice terminating the tenancy has expired, an application must be made to the Court for an Order for Possession. This can take some time. Solicitors and Court costs involved in such an action, if they cannot be recovered from the tenant, will be payable by the landlord.

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