Although some exclusions apply, a tenancy will generally be an assured tenancy if:
Assured shorthold tenancies (ASTs) are a type of assured tenancy. Most assured tenancies are automatically ASTs unless a notice has been served by the landlord stating otherwise.
An AST can be granted on a fixed term (for example, 12 months) or as a contractual periodic tenancy (for example, on a monthly basis). If the tenant remains in occupation of the property after the fixed term expires, a statutory periodic tenancy will arise.
The procedures for terminating an AST are governed by the Housing Act 1988.
If a tenant pays a rent deposit under an AST, the landlord must join a Tenancy Deposit Scheme (TDS) and provide the tenant with certain prescribed information about the TDS and the deposit. A TDS has two main objectives:
If you are the landlord of a House in Multiple Occupation (HMO), it is important to check that your property meets certain licencing requirements:
A tenant that wants to leave the property during the fixed term may be able to:
There is no general right for a tenant to terminate an AST during the fixed term, in the event of a landlord’s breach. The tenant may, however, have a damages claim against the landlord.
We can provide expert advice about a tenant’s rights and restrictions under an AST, including the merits of a damages claim against a landlord.
Depending upon the circumstances of the tenancy, an AST can either be ended by service of a section 8 notice or a section 21 notice under the Housing Act 1988.
Under section 21, the landlord can terminate an AST at the end of the fixed term or periodic tenancy by giving the tenant at least two months’ written notice.
This procedure allows landlords to regain possession of the property without giving any justifications and, if the relevant criteria apply, without the need for a court hearing.
Under section 8, an AST can be terminated at any time, provided the landlord can rely on certain grounds set out in Schedule 2 Housing Act 1988. The landlord must serve notice on the tenant, the amount of which will depend on the grounds relied upon.
This procedure is commonly used where the tenant has breached certain terms of the tenancy agreement, such as failing to pay rent.
If the tenant does not leave the property when the notice period under the notice expires, the landlord can apply for a court order for possession. Where the section 8 route is used, the landlord can also apply for a monetary judgment in respect of rent arrears.
If the tenant stays in the property beyond the date specified in the court order, the landlord must apply for either:
Service of the notice is an important part of regaining possession of a property as certain formalities must be complied with to avoid wasting time and costs. We can carry out this process on your behalf, including preparing and serving the notice on the tenant and applying for the appropriate orders.
A property is an HMO if both of the following apply:
A property is a large HMO where the above conditions are met, and the property is occupied by 5 or more tenants. All large HMOs must be licensed.
Local housing authorities have discretion to extend the licensing regime to all HMOs (i.e., additional licensing), or even to properties that are not HMOs (i.e., selective licensing). It is therefore important to check the licensing regime adopted by the council in which the HMO is located.
A rent repayment order (RRO) can be made in favour of tenants where a landlord has committed an offence set out in section 40(3) Housing and Planning Act 2016. Examples of these offences include illegal eviction or harassment, and the control or management of an unlicensed HMO.
An application for an RRO can be made by an occupier or a local housing authority. If successful, tenants can recover a maximum of 12 months’ rent paid to the landlord.
We can act for tenants making an application for an RRO, or we can represent landlords defending such a claim against them.
There are two general sanctions on a landlord who fails to comply with the TDS requirements:
We can assist with such an application, as well as providing expert legal advice about your rights and restrictions as a landlord or tenant.
The tenancy agreement sets out the circumstances when all or part of the deposit may be retained by the landlord. Disputes may arise if there are disagreements on the amount of deposit a landlord can retain.
A TDS is required to provide dispute resolution to tenants and landlords as an alternative to issuing court proceedings, but both the landlord and the tenant retain the right to go to court.
If the dispute has not been resolved through the TDS process, we can act on behalf of a landlord or a tenant in relation to deposit disputes.
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Mustafa Kalaycı21/01/2024The most honest, hardworking, and fully professional law firm I have encountered or worked with. Despite speaking different languages, they effectively understand you through their interpreters, find the best advisors to assist you, and acquire the necessary information. They create a friendly, family-like atmosphere with a straightforward approach, particularly in litigation expertise. My gratitude goes to all the staff involved, especially James Naylor and Jenny Cheung, for their dedication. Thanks for everything. Mustafa KALAYCI
Pauline12/09/2023I used Naylor Solicitors to help us purchase our freehold. It wasn't as straightforward as we'd hoped as the previous freeholder and his solicitors were difficult to deal with (not responding to calls or emails etc,) which delayed things. At one point the freeholder threatened to pull out of the sale despite previously agreeing. Our solicitor Adam was swift in his response, reminding the other side that we had a verbal agreement and that they were risking us taking legal action in that regard. He was then able to make sure the sale went through as agreed. I highly recommend Naylor Solicitors.
Simon Grey06/09/2022We found Naylors after talking to a few solicitors and they sounded the most knowledgeable. They helped us with a neighbour dispute. Dominika was fabulous throughout, and we were able to resolve a long standing issue. We would like to thank Dominika for all her help and support.
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Farook Paracha07/01/2022Dedicated and professional firm with the Clients interest at the forefront. Clear and unambiguous advice for a complicated legal matter expanding over several months. Naylor’s agreed to represent us clients at a time when we had completely lost all hope from keeping our property safe from forfeiture. We couldn’t see the light at the end of the tunnel. Despite this we always felt confident and in control with the quality of advice and our legal cost. I would definitely recommend Naylor’s LLP to everyone I know. Special thanks to Dominika, Nikki & Jasper. Regards Farook Paracha
Frazer A-F23/08/2021We have been dealing with with Dominika Libova at Naylors for the past year on a dispute, we have been really pleased with the service she has provided. Dominika was approachable, friendly, professional and knowledgable, supporting us every step of the way. Fees were agreed in advance at every stage and where honoured, even reducing fees on a couple of occasions to meet the estimates. I would highly recommend Dominika and the Naylor's team.
Yannick Schindler01/06/2021Dominika and her firm recently secured a good outcome for me in a property dispute and I highly recommend her. Whenever I spoke with Dominika on the phone, it was very clear to me that she had considered the matter very carefully and I was impressed with her attention to detail. I particularly valued her ability to respond very quickly and pragmatically to new, and sometimes unexpected, developments during litigation. She was also very skilled at developing strategies before and during litigation to achieve desired results while keeping costs low. Dominika made the impression of being a very adept and motivated litigator and throughout the entirety of the matter I was very, very happy to have her in my corner.
claire bryant16/11/2020From start to end our experience of Naylor solicitors and Dominkia in particular, was faultless. They are a very professional firm. Dominika was incredibly knowledgeable in this specialist area we sought advice in (ROL), listened and acted upon our wishes, but also was very helpful in guiding us in taking the right course of action. Communication was always timely without any delay and she always made the time to explain matters that we needed extra clarification over. I highly recommend.