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Tenancy Agreement 

Tenancy Agreement
An assured shorthold tenancy agreement is the most common form of letting if you are a private landlord, the let property is not your main home and the tenancy began on or after 15th January 1989.

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That does not necessarily mean that Assured Shorthold Tenancy Agreement has to be 'short', as those set up after 28 February 1997 can be for any length of time the landlord is prepared to offer.

Changes in the 1996 Housing Act mean that a new tenancy agreement will automatically be a shorthold tenancy agreement; unless the landlord gives written notice that it will not be a shorthold tenancy agreement.

The landlord has the right to possession if the tenant owes at least two months' or eight weeks' rent.

New shorthold tenants are only able to refer their rent to a rent assessment committee during the first six months of the tenancy.

They have the right not to be evicted without a Court order and have the same rights as existing tenants to stay in the property.

Landlords can regain possession of shorthold tenanted property six months after the beginning of the tenancy, provided that they give tenants two months' notice of possession.

Even if landlord and tenant have agreed a fixed term of less than six months, the tenant has the right to stay in the property for up to six months.

The landlord does not have a guaranteed right to possession if the tenant refuses to leave during the first six months of the tenancy.

Most landlords let on shorthold tenancies, granting further tenancy when the first tenancy comes to an end.

Landlords cannot replace an existing assured tenancy agreement with a shorthold tenancy agreement unless this is done with the tenant's approval.

From 6 April 2007, landlords and letting agents are required to join a Government-authorised tenancy deposit protection scheme if you take deposits for Assured Shorthold Tenancies in England and Wales.

You have 14 days upon receipt of the deposit to provide your tenant with details of the scheme you have chosen to safeguard the deposit.

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