be well advised to seek information from a Law Centre, Housing Advice Centre or Citizens Advice Bureau or to consult a solicitor.  The addresses and phone numbers of advice organisations are listed in the telephone directory or can‑be obtained from your local library or local authority.

What are assured and short hold tenancies?

These are the names of the commonest forms of arrangement for the letting of houses and flats by private landlords. In their current form, they were introduced by the Housing Act 1988 but important changes were made by the Housing Act 1996 with effect from 28 February 1997.

In the legislation, the term “assured tenancy” covers both assured tenancies (sometimes called “full” or “ordinary” assured tenancies by landlords) and assured short hold tenancies. For clarity, we will refer to assured tenancies and short hold tenancies to highlight the important differences between the two.

An assured or short hold tenancy is the usual form of letting if:

you are a private landlord and your tenant is a private tenant;
the tenancy began on or after 15 January 1989;
the house or flat is let as separate accommodation and is the tenant’s main home.

A tenancy will not be an assured or short hold tenancy if:

the tenancy began before 15 January 1989;
it is a business or holiday let;
no rent or a very low or very high rent is charged;
you are a “resident landlord”.

Assured and short hold tenancies were introduced to encourage lettings by allowing landlords to charge a full market rent, unlike previous forms of tenancy.

Short hold tenancies also allow landlords to let their property for a short period only and to get it back if they wish after 6 months.

What are the main differences between an assured and a short hold tenancy?

If you let on a short hold tenancy, you can regain possession of your property 6 months after the beginning of the tenancy, provided that you give 2 months’ notice that you require possession.
If you let on an assured tenancy, your tenant has the right to remain in the property unless you can prove to the court that you have grounds for possession. You do not have an automatic right to repossess the property when the tenancy comes to an end.

You can charge a full market rent for an assured or a short hold tenancy.

Is there a standard tenancy agreement?

You may draw up your own agreement but you must make sure that the terms are fair and do not conflict with the duties on landlords imposed by legislation which will automatically override what you agree with your tenant.
If you do decide to draw up your own agreement you are strongly advised to seek legal advice. For this reason it may be better to use standard tenancy agreements which are available from law stationers, the larger general stationery stores and some local authority housing advice centers.

What rights does the landlord have?

Access
You, or your agent, have the legal right to enter the property at reasonable times of day to carry out the repairs for which you are responsible and to inspect the condition and state of repair of the property. You must give 24 hours’ notice in writing of an inspection. It is also helpful to set out the arrangements for access and procedures for getting repairs done in the tenancy agreement.

You should seek legal advice if the tenant will not give you access.

What rights does the tenant have?

Quiet enjoyment
The tenant has the legal right to live in the property as his or her home. You must ask the tenant’s permission before you enter the premises.

You cannot evict the tenant without a possession order from the court.

If you sell the freehold of the property, the tenant will retain any rights he or she has to remain in the property, as the tenancy will be binding on any purchaser.

Matters such as whether the tenant can keep pets and so on, should be negotiated and included in the terms of the tenancy agreement.

Should these responsibilities and rights be included in the tenancy agreement?

Statutory responsibilities and rights will apply to you and the tenant even if they are not included in the tenancy agreement. However, it is useful to include them in the tenancy agreement to prevent misunderstandings later.

Can the tenant leave during the tenancy?

If the tenant has a fixed term tenancy but wants to move out before the end of the term, he or she can only do so if you agree or if this is allowed for by a “break clause” in the tenancy agreement and the tenant has followed any requirements for giving notice specified in the tenancy agreement. If the agreement does not allow the tenant to leave early and you do not agree that he or she can break the agreement, the tenant will be contractually obliged to pay you the rent for the entire length of the fixed term.

If the tenancy has no fixed term, the tenant must give you notice in writing of his or her intention to leave. He or she must give at least
4 weeks’ notice where rent is paid on a weekly basis and at least a month’s notice where rent is paid on a monthly basis.

What happens when a short hold tenancy comes to the end of a fixed term?

When a short hold tenancy comes to the end of the fixed term, any replacement tenancy you agree will automatically be on short hold terms unless you choose to set up a replacement tenancy on an assured basis.  If you do nothing, the tenancy will automatically run on from one rent period to the next on the same terms as the preceding fixed term short hold tenancy – called a statutory periodic tenancy. The tenancy will continue to run on this basis until you replace it, the tenant leaves or you seek possession from the tenant.

What do I have to do when a short hold tenancy ends?

You can:
	agree a replacement fixed term short hold tenancy;
	agree a replacement short hold tenancy on a periodic basis – called a contractual periodic tenancy;
	agree a replacement assured tenancy, provided you give written notice or state clearly in the tenancy agreement that the tenancy will not be a short hold tenancy;
	do nothing and allow the short hold tenancy to run on with the same rent and terms – called a statutory periodic tenancy;
	end the tenancy – but you must have given 2 months’ notice that you require possession.

If you think you may need to regain possession of the property at short notice, you should consider the options above which will allow you to regain possession after giving the tenant 2 months’ notice.  

What happens when an assured tenancy comes to the end of a fixed term?

Any replacement tenancy you agree with an existing assured tenant will automatically be on assured terms whatever the tenancy agreement says.

However, to avoid any misunderstanding with the tenant, it is helpful to state in the replacement tenancy agreement that the tenancy is not a short hold tenancy.

If you do nothing, the tenancy will automatically run on from one rent period to the next on the same terms as the preceding fixed term assured tenancy. The tenancy is called a statutory periodic tenancy. It will continue to run on this basis until you replace it, the tenant leaves or you seek possession from the tenant on other grounds.

Can I get my property back when the fixed term of a short hold tenancy has ended?

You have a right to regain possession without giving any grounds for possession at any time after any fixed term which you agreed with the tenant comes to an end or at any time during a contractual or statutory periodic tenancy, provided it is at least 6 months since the start of the original tenancy.

For example, if you initially agreed a tenancy of 4 months, and subsequently issued a replacement tenancy to follow it, you cannot regain possession until 2 months after the start of the replacement tenancy. However, if the original tenancy was for more than 6‑months, you can regain possession at any time during the replacement tenancy.

How do I get my property back when the fixed term of a short hold tenancy has ended?

You must give the tenant at least 2 months’ notice in writing that you require possession. You can give the notice at any time during the fixed term, but the date you state you require possession cannot be before the end of the fixed term. If the tenancy is on a contractual periodic or statutory periodic basis, the date on which the notice expires must be the last day of a tenancy period, and the notice must state that possession is required under section 21 of the Housing Act 1988.

Can I evict a short hold tenant if he or she does not move out when the notice requiring possession expires?

If the tenant refuses to leave, you cannot evict him or her without a possession order from the court. You can apply to the court to start possession proceedings as soon as the notice requiring possession expires. You will not have to give any grounds for possession. You should consider using the accelerated possession procedure.

What is the accelerated possession procedure?

This is a straightforward and inexpensive procedure for getting possession of your property without a court hearing. The court will make its decision by looking at the documents which you and the tenant provide, unless it considers that a hearing is required.

You can only use this procedure if you have a written tenancy agreement (or, if the tenancy has lapsed into a statutory periodic tenancy, there was a written agreement for the original tenancy) and you have given the tenant the required notice in writing that you are seeking possession.  You should apply to the county court for accelerated possession proceedings.

Can I evict the tenant as soon as I have a possession order?

The tenant should leave the property on the date specified in the court order. However, if the tenant still refuses to leave, you cannot evict him or her yourself. You must apply for a warrant for eviction from the court. The court will arrange for bailiffs to evict the tenant.

Can I get my property back during the fixed term of a short hold tenancy?

You can only seek possession during a fixed term of the tenancy if you have grounds for possession and the terms of the tenancy make provision for it to be ended on any of these grounds. It is for the court to decide whether one or more of the grounds for possession apply.

Can I get my property back from an assured tenant?

You can only seek possession during a fixed term of the tenancy if you have grounds for possession and the terms of the tenancy make provision for it to be ended on any of these grounds. Once the fixed term of the tenancy has ended, you can seek possession from the tenant if one or more of the grounds for possession apply. It is for the court to decide whether one or more of the grounds for possession apply.

What are the grounds for possession?

The reasons or “grounds” for possession cover, for example, cases where the tenant has not paid his or her rent, or has broken another term of the tenancy agreement. Some are mandatory which means that if you can prove that the ground applies, the court must grant you a possession order. The others are discretionary which means the court will only grant you a possession order if it thinks it reasonable to do so, based on all the facts of the case.

Prior notice grounds means they can usually only be used if you notified the tenant in writing before the tenancy started that you intended one day to ask for the property back on one of these grounds.

If I think I have grounds for possession, what do I do?

You must first give written notice to the tenant that you intend to go to court to seek possession. The period of notice is usually 2 weeks or 2 months, depending on which ground for possession you are using.

You can apply to the court to start court proceedings as soon as the notice expires. You will usually have to wait at least a month for a court hearing. The tenant does not have to leave until there is a court order requiring him or her to do so.

The tenant does not have to leave the property until there is a court order requiring him or her to leave.

Can I evict the tenant as soon as I have a possession order?

If the court orders possession on one of the mandatory grounds, the tenant will have to leave on the date specified in the court order – this is called an absolute possession order. If the court orders possession on one of the discretionary grounds, it can either grant an absolute possession order or it may allow the tenant to stay on in the property provided he or she meets certain conditions – for example, paying back an amount of rent arrears each week. This is called a suspended possession order and the tenant cannot be evicted provided that he or she meets the conditions.

You cannot evict the tenant yourself. If he or she still refuses to leave after the date specified in the order, you must seek a warrant for eviction from the court. The court will arrange for bailiffs to evict the tenant.

What happens if the tenant breaches the conditions of a suspended possession order?

You may apply to the court for an absolute possession order or a warrant for possession, depending on the terms of the suspended order.

Can I ask the tenant to pay rent after I have served a notice seeking possession?

You can ask the tenant to pay rent until the date of possession granted by the court. If the tenant refuses to leave after the date in the court possession order and you ask him or her to pay rent, there is a danger that the court could rule that a new tenancy has arisen. However the tenant is liable to pay you damages for continued occupation of the property (known as mesne profits). You should seek legal advice in theses circumstances.

Can the court order the tenant to pay back all the rent he or she owes?

If possession is ordered on the grounds of rent arrears, the court will normally order the tenant to pay back the rent owed at a rate appropriate to his or her circumstances. If asked to consider it, the court may also award a sum to cover interest on the outstanding rent.

What can I do if the tenant owes me money?

If the amount of money the tenant owes is £3,000 or less, you could make a claim through the Small Claims Court which is cheaper than claiming formally through the main court. If the tenant does not contest the claim, there will be no need for a court hearing. If he or she does, there will be an arbitration hearing unless your case is too difficult to be dealt with under the small claims procedure in which case it will be transferred to the open court. You should apply to the county court to make an application for Small Claims Court proceedings.