The AST agreement protects both you and your landlord. It sets out the conditions for you to live on the landlord’s land. It is usually a written agreement, but can also be verbal. This agreement clearly defines your responsibility for the property’s condition and the landlord’s responsibilities while you are their tenant.
An AST written will outline the terms of your tenancy agreement.
Fixed-term start and finish dates
Rent to pay
Rent must be paid by the due date
Address of the rented property
Name and address of all persons (e.g. Tenant, landlord, and letting agent
How and when is the rent reviewed
The scheme that protects it and the deposit amount
When the deposit is allowed to be withheld
The tenant is responsible to pay the bills
Each party should be given a copy to sign the AST. Before you agree to any terms, read them carefully. Keep a copy of the agreement in your possession for future reference.
For an assured shorthold tenancy agreement PDF file visit Rentaldocs.
You can legally request a written agreement from your landlord if you do not have a written agreement.
Illegal clauses in an AST
Your landlord or letting agent may not enforce a clause in your AST just because it exists. Even if the agreement has been signed, fees that are illegal under the Tenant Fees Act can’t be enforced. Your agreement is always subject to the law, whether it’s written or not.
You cannot discriminate against someone with disabilities. The landlord must adapt the tenancy agreement to your needs. The landlord can be contacted to make requests and obtain their written consent. Such consent is not to be withheld if the request is reasonable. This means that permission must be granted by the landlord unless there is a valid reason not.
Common clauses in an AST
You should always follow the terms of your tenancy agreement.
Review of Rent
If they have good reasons to do so, landlords may review the rent you pay at the end of the fixed term and raise it. In line with the Retail Price Index or increases in property/rent prices in the area. This will be confirmed by a rent review clause in your AST.
Your landlord will write to you at the end of your fixed term to inform you about any changes to your rent. Your landlord cannot increase your rent during your fixed term tenant.
Subletting
If you intend to sublet the property, be sure to check for any clauses on subletting. Subletting the property requires permission from the landlord.
Pets
The AST will define whether or not pets are allowed to rent. Pet-friendly landlords cannot request a higher deposit, or professional cleaning service at the end of the tenancy. However, they can charge higher rent. Before signing the AST, you must know what the higher rent charge is.
Decor
It is possible to hang pictures, or remove fixtures and fittings that you don’t like. However, this could be against the terms of your AST. You may be required to give permission from your landlord before you can alter the property or place holes in the walls. You can’t paint a room a different color without permission from your landlord.
Smoking
The AST will likely contain a clause that states you are prohibited from smoking inside the property. It is best to ask for clarification on where you can smoke around the property.
The garden and the shared areas
Commonly, a clause is placed on shared gardens or areas that requires that they be kept in a reasonable condition. This could include trimming the hedges, cutting grass, and removing any rubbish. It is impossible to expect you to do more than an average person. If you don’t have the tools necessary for maintaining a garden, ask the landlord if they are available.
Smoke alarms/carbon monoxide detectors
The law requires that landlords test the carbon monoxide and smoke detectors on the first day of tenancy. If the AST says they are your responsibility, you must ensure that you test the alarms frequently, replace the batteries, and do not tamper or damage them.
Making changes or ending an AST before it expires
You may have a ‘Break clause’ that allows you to terminate your tenancy before the end of the term. The AST will outline the notice period that you must give. You will be responsible for landlord’s costs to re-let the property and rent up until the new tenancy starts.
Any costs incurred must not exceed the rent balance. All costs associated with terminating the tenancy before the due date must be clearly displayed on the website of a letting agent and in a branch.
There may be a fee if you ask for a change to the AST granted by the landlord. This is called variation of contact. ARLA Propertymark Protected agents should advise that the fee for agreed variations cannot exceed PS50 (including VAT).
Landlords responsibilities in an AST
The AST should outline what the landlord is legally responsible and any additional responsibilities that they may have regarding the property. They will give you notice at least 24 hours before any visit, ensure that the property is in compliance with all safety and health regulations, and describe what parts they intend to repair or replace.
