Martin Callan, Bowling & Co Solicitors
When you sign a tenancy agreement you become legally bound by its contents. Most tenancy agreements will be on a “take it or leave it” basis. However, as a tenant you will have protection under the law as the Landlord will be limited on what he can and cannot do. Assured Shorthold Tenancies (AST) are governed by the Housing Act 1988 (as amended) and the Housing Act 2004. You should ensure that before signing you carefully read the agreement and agree with its contents. Apart from Rent, there will be a number of other conditions which will bind you during the term of the tenancy.
Of particular importance, you should check that the AST provides that any deposit you pay will fall under the Tenancy Deposit Scheme. You should also check the agreement to see whether it includes a Ground 1 Notice as this will enable the Landlord to recover possession from you quickly and most effectively. Check the agreement contains adequate definitions and that any Schedule of Fixtures and Fittings corresponds with items at the property. The property itself must also be properly defined as should the name and address of your Landlord. Many agreements may also contain penalties for late payment of rent, and these could be very severe.
Provided you pays the rent and otherwise comply with the terms of the tenancy the landlord will only be able to obtain an order for possession 6 months after the start of the tenancy. If you do fall into arrears of rent during the first 6 months of your tenancy the Landlord may be able to recover the property from you. Under the Housing Act 1988 (as amended) a Landlord cannot take any action to recover the premises from you for the first 6 months of the tenancy. In addition The Protection From Eviction Act 1977 (as amended) ensures that any lawful action will automatically include a 28 day notice period. This means that a Landlord must obtain a Court Order to evict you but cannot obtain one for at least 6 months. It may be that your Landlord attempts to bully you into giving up the property – this may also be unlawful either as a breach of the AST itself or under the Protection from Harassment Act 1997, which could lead to a criminal liability for the Landlord. Some Landlord’s may rely on the Tenant’s ignorance of their rights in this respect and so it is important to ensure you are fully aware of them.
After the first 6 months, the normal notice provisions and the 28 day period will apply, but to actually evict you a Landlord will still need a Court Order. This does not mean you can choose to withhold rent during the first 6 months, as your deposit could be lost and you may not get a reference from the Landlord for future premises. The important point is to know what the Landlord can and cannot do and what your rights are to ensure both parties enter agreements fully informed.
If you have any questions relating to this article or the issues raised in it please email martin.callan@bowlinglaw.co.uk.
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