Tenancy rights

Assured shorthold tenancies

You are an assured shorthold tenant if you moved into your property:

  • between 15 January 1989 and the 28 February 1997 and your landlord gave you a notice at the start of your tenancy stating that you were an assured shorthold tenant  

or after 28 February 1997 and you do not:

  • share facilities like the kitchen and bathroom with your landlord
  • receive services such as cleaning or meals from your landlord
  • live in rent-free accommodation
  • live in the property as a condition of your job
  • rent your accommodation from a educational or government institution
  • occupy the property as a holiday let

Your rights
As an assured shorthold tenant you do not have long-term security of tenure, but you cannot be evicted:

  • during the first six months of your contract or during the initial fixed term - whichever is longer. Unless you breach the terms of your tenancy agreement and your landlord obtains a possession order from the courts to evict you
  • if your contract has expired until your landlord obtains a possession order from the courts

Eviction
After the first six months of your tenancy or after your contract has expired (whichever is longer) your landlord can obtain a possession order to evict you. They must serve you with a valid notice requiring possession. The notice must be in writing and give you at least two months notice.

You do not have to leave when the notice requiring possession expires. However, you may have to pay court costs if your landlord has to obtain a court order against you. By law your landlord will need to ask the court baliffs to evict you.

If your landlord applies to the court there may not be a court hearing. You should seek advice as soon as you receive a notice requiring possession or court papers.