SINCE 1997 almost all new private lettings have been assured shorthold tenancies under the Housing Act 1988. The tenancy must be for a minimum of six months – but the parties can agree a longer period if they want.

The landlord may end an assured shorthold in two ways. He may serve a written notice under section 21 of the Act terminating the tenancy after the end of the agreed period. This must give the tenant at least two months’ notice to quit. Alternatively, the landlord can end the tenancy early by serving a notice under section 8 of the Act, where the tenant has failed to pay rent or breached the terms of the agreement. In some circumstances this procedure may allow as little as two weeks’ notice to quit.

In either case the tenant has security of tenure until a court orders possession. A landlord who tries to evict before getting a court order commits a criminal offence under the Protection from Eviction Act 1977 and the landlord can be liable for substantial damages.

Restrictions on the way a property is used are usually set out in the tenancy agreement. If there are no restrictions, the courts will not imply terms that stop the tenant from having guests, playing music or staying up all night. However, if the tenant creates a nuisance this is a ground for possession that enables the landlord to serve a section 8 notice.

It is a common misconception that a landlord can charge what he likes. In the first six months of an assured shorthold tenancy, the tenant has the right to go to a local rent assessment committee under section 22 of the Housing Act. The committee can substitute a new rent if it finds the landlord is charging “significantly higher” than the market rate. Similarly, if the landlord wants to increase the rent he first has to serve notice under section 13 of the Act and the tenant may refer this to the committee as well.

A landlord can’t generally simply use a key to enter the property without permission; he would be in breach of the tenant’s right to “quiet enjoyment”.

The moral is that tenants should carefully read the terms of any written tenancy agreement before signing. If in doubt – walk away.

MARK LOVEDAY

Mark Loveday is a barrister at Tanfield Chambers.

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