An AST, or Assured Shorthold Tenancy, is the most common type of tenancy agreement between landlords and tenants in the UK. It is a legally binding contract between a landlord and a tenant that outlines the terms and conditions of renting a property.
At Horts, we believe that understanding an AST is crucial to protecting both renters' and landlords' rights and obligations, ensuring a smooth rental experience.
Whether you’re a first-time renter or an experienced tenant, navigating the details of an AST can sometimes feel overwhelming. That’s why Horts is committed to breaking down the complexities of these agreements, so you can approach your tenancy with confidence.
By knowing your rights and responsibilities upfront, you can avoid common pitfalls and ensure you have a positive relationship with your landlord from the start. Let’s explore the key features of an AST and how they affect tenants.
Key Features of an AST
Fixed-Term vs. Periodic Tenancy
An AST can be set for a fixed term, typically six months or a year, or it can roll on a periodic basis (usually monthly) after the fixed term expires. During the fixed term, both the landlord and tenant are bound by the terms of the agreement. After this period, the tenancy can continue unless either party gives proper notice. At Horts, we can help you navigate these terms, whether you’re dealing with a fixed-term or periodic tenancy.
Rent and Deposit Protection
The AST agreement will specify the rent amount, when it’s due, and how it should be paid. Additionally, any deposit taken must be protected in a government-approved tenancy deposit scheme, such as the Tenancy Deposit Scheme (TDS), Deposit Protection Service (DPS), or MyDeposits. When working with Horts, we ensure that all deposits are securely protected in line with legal requirements.
Landlord's Responsibilities
Under an AST, landlords must maintain the property in a good state of repair, ensure it meets health and safety standards, and provide necessary certificates, such as the Energy Performance Certificate (EPC) and Gas Safety Certificate. Our team at Horts ensures that all landlords meet these responsibilities, safeguarding your living conditions.
Tenant's Obligations
As a tenant, you are expected to pay your rent on time, keep the property in good condition, and adhere to the terms of the agreement. This includes not causing nuisance to neighbours and seeking permission before making any alterations to the property. Horts assists tenants in understanding their obligations and ensures that communication between landlords and tenants is clear and effective.
What Happens When the Tenancy Ends?
When your AST reaches its end, there are a few possible outcomes:
Renewal of the Tenancy
If both parties are happy, the tenancy can be renewed for another fixed term, often with the same terms or with new conditions agreed upon. Horts can handle the renewal process, ensuring everything is in order for both parties.
Rolling Tenancy
If no action is taken, the tenancy automatically becomes periodic. This means that it continues on a month-to-month basis until either the tenant or landlord decides to end it. Horts provides clear guidance and support during this transition.
Ending the Tenancy
If you wish to end the tenancy, you must provide written notice to your landlord, usually one month for a periodic tenancy or as stated in the agreement for a fixed term. Similarly, landlords need to give at least two months' notice if they want to regain possession, usually through a Section 21 notice. Horts is here to assist with the notice process, making it stress-free for both landlords and tenants.
Can the Rent be Increased During a Fixed-Term AST?
Rent increases during a fixed-term AST are usually only allowed if both parties agree or if the contract includes a rent review clause. In periodic tenancies, landlords can increase rent annually by providing the tenant with proper notice, usually one month in advance. At Horts, we ensure that any rent adjustments are fair and compliant with current regulations.
What Rights Do Tenants Have Under an AST?
Protection from Unlawful Eviction
Under an AST, tenants are protected from unlawful eviction. Landlords must follow the correct legal process, and you cannot be forced out without a court order, even after your tenancy ends. If you're renting a property in Northampton or Rugby, Horts ensures your rights are fully respected.
Right to Peaceful Enjoyment
You have the right to live in your rental property without unwarranted interference from the landlord. While landlords can inspect the property, they must give you at least 24 hours’ notice and visit at a reasonable time, unless it's an emergency. Horts liaises between tenants and landlords to ensure that this right is upheld.
Repairs and Maintenance
If something breaks down, such as the heating system or plumbing, it’s the landlord’s responsibility to fix it in a reasonable time. Always report any issues promptly and in writing to ensure they are addressed. We provide a reliable maintenance service for all properties to rent in Northampton or Rugby, ensuring that repairs are handled quickly and efficiently.
What Are the Consequences of Breaking an AST?
Breaching the terms of your AST, such as by failing to pay rent or damaging the property, can lead to serious consequences, including eviction. However, landlords cannot simply evict you for minor issues without following the proper legal process. If there’s a dispute, we can help resolve it through mediation or by guiding you through the legal process.
Understanding your Assured Shorthold Tenancy (AST) agreement is key to a successful and stress-free renting experience. At Horts we’re here to guide you through every aspect of your tenancy, from understanding your rights to managing communication with your landlord.
Whether you’re renting for the first time or looking to renew your tenancy, we’re committed to making the process as smooth as possible.
What Next?
Looking for a property to rent in Northampton or Rugby? Horts is here to support you every step of the way.
Landlord looking for help with property management? With our expert services, you can trust us to handle everything from AST agreements to maintenance and legal compliance.
Contact us today at Horts and let us take the stress out of finding or managing a rental property in Northampton or Rugby. Call 01604 639933 or 01788 550044.
In the meantime, we’ve answered some of your common questions about AST’s.
Frequently Asked Questions About AST’s
1. Can I leave my AST early?
Yes, but only if your landlord agrees or if there’s a break clause in your tenancy agreement. Otherwise, you may be liable for rent until the end of the agreed term. We can assist you in negotiating an early termination if necessary.
2. What should I do if my landlord isn’t protecting my deposit?
You can raise a dispute with a tenancy deposit scheme or take legal action. It’s a legal requirement for landlords to protect your deposit. Horts ensures that all deposits are correctly handled, providing peace of mind for tenants.
3. Can my landlord enter the property without permission?
No, your landlord must give you at least 24 hours’ notice and visit at a reasonable time unless it’s an emergency.
4. What happens if I can’t pay my rent?
Speak to your landlord immediately. They may offer a payment plan or some leniency. Persistent non-payment could lead to eviction, but this should be the last resort.
5. What is a Section 21 notice?
A Section 21 notice is used by landlords to regain possession of the property at the end of an AST without having to provide a reason. They must give you at least two months' notice.
6. Can I make changes to the property?
You usually need written permission from your landlord before making any alterations, even minor ones. Check your AST for specific clauses related to changes.
