What Happens To My Tenancy Agreement If My Landlord Dies
An Assured Shorthold Tenancy (AST) is the most common type of tenancy agreement used in England and Wales. It provides a balance of rights and responsibilities for both landlords and tenants.
Key Features of an AST:
- Fixed-Term Tenancy: ASTs are typically fixed-term contracts, meaning they have a specific start and end date.
- Periodic Tenancy: After the fixed term, the tenancy automatically rolls over into a periodic tenancy, usually month-to-month.
- Notice Period: Landlords must give tenants a minimum notice period to end the tenancy, usually two months.
- Tenant Rights: Tenants have the right to quiet enjoyment of the property and protection from unlawful eviction.
Requirements for an AST:
- Private Landlord: The landlord must be a private individual, not a corporate entity or housing association.
- Main Residence: The property must be the tenant’s main residence.
- Rent Below £100,000 per Year: The annual rent should not exceed £100,000.
Landlord’s Rights:
- Section 21 Notice: Landlords can use a Section 21 notice to terminate the tenancy without needing to give a specific reason.
- Rent Increases: Landlords can increase the rent, but they must follow specific procedures and give sufficient notice.
Tenant’s Rights:
- Quiet Enjoyment: Tenants have the right to live in the property peacefully without interference from the landlord.
- Repairs: Landlords are responsible for repairing the property, including structural damage and faulty appliances.
- Deposit Protection: Landlords must protect tenants’ deposits in a government-approved scheme.
- Fair Treatment: Landlords must treat tenants fairly and comply with relevant legislation.
Important Considerations:
- Written Agreement: It’s essential to have a written tenancy agreement that outlines the terms and conditions of the tenancy.
- Check-In and Check-Out Inventories: Create detailed inventories of the property’s condition at the start and end of the tenancy to avoid disputes.
- Communicate Effectively: Maintain open communication with your landlord to address any issues or concerns promptly.
- Seek Legal Advice: If you have any questions or disputes, consult with a legal professional.
By understanding the key aspects of an Assured Shorthold Tenancy, tenants can protect their rights and ensure a smooth and hassle-free tenancy.