SINCE February 1997, all new private sector tenancies are assumed to be assured shorthold tenancies unless the agreement states otherwise or the landlord gives written notice that it is not.
A letting cannot be an assured or shorthold tenancy if:
the tenancy began before 15 January 1989;
it is a company or holiday let;
no rent, a very low rent or a very high rent is charged;
There are also some exceptions for former public sector rented accommodation that is being transferred to the private sector and where a long lease comes to an end.
Assured shorthold tenancies - the facts
Under the provisions of the new act, there is no longer a requirement for the tenancy to be of at least six months' duration, however a court cannot grant an order of possession during the first six months of the tenancy except in limited circumstances; the most common of these are:
rent arrears of at least eight weeks
death of tenant
mortgagee exercising power of sale
demolition or reconstruction of the property
tenant has breached the terms of the agreement
tenant or other person in occupation has allowed the property to fall into disrepair
After six months the landlord can apply to the court for possession, as long as the tenant has been given two months' notice.
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