Wondering about the paperwork for your new rental? An AST tenancy agreement is the most common type of rental contract in the UK. An AST, or Assured Shorthold Tenancy agreement, is a legal document that outlines the terms and conditions between a landlord and tenant when renting residential property.
This agreement protects both you and your landlord by clearly stating everyone’s rights and responsibilities. It covers important details like rent amount, payment dates, deposit protection, and rules about maintaining the property. Most private rentals in the UK use ASTs, especially for tenancies that started after 28 February 1997.
Key Takeaways
- AST agreements provide legal protection for both landlords and tenants while setting clear expectations for the rental arrangement.
- Your AST must include essential information such as names, property address, rent amount, and tenancy duration.
- You have specific rights under an AST, including proper deposit protection and protection from eviction without proper notice.
Definition and Core Elements of an AST Tenancy Agreement
An Assured Shorthold Tenancy (AST) agreement forms the foundation of most residential lettings in England and Wales. This contractual arrangement establishes specific rights and responsibilities for both landlords and tenants.
What Is an AST?
An AST is the most common type of tenancy agreement used by private landlords in the UK. Created by the Housing Act 1988 and modified by the Housing Act 1996, it provides a framework for renting residential properties.
The key feature of an AST is that it gives landlords an automatic right to repossess their property at the end of the tenancy term. You don’t need to provide a reason to end the tenancy, as long as you follow proper legal procedures.
ASTs typically run for a fixed term (usually 6 or 12 months), after which they can either end or continue as a periodic tenancy on a month-by-month basis.
Key Legal Requirements
For an AST to be legally valid, it must include several essential elements:
- Written document: While verbal agreements can be binding, written tenancy agreements provide clarity and protection for both parties.
- Tenant’s details: Full names of all adult occupants must be listed.
- Property address: Clear identification of the rental property.
- Rent amount: Specific payment terms, including amount, frequency, and due dates.
- Tenancy dates: Start date and duration of the fixed term.
- Deposit information: Details of the deposit amount and which scheme protects it.
All ASTs created after 1 October 2015 must provide tenants with a copy of the government’s How to Rent guide.
Eligibility Criteria for an AST
Not all rental situations qualify for an AST. To be eligible:
Property Requirements:
- The property must be let as separate accommodation
- It must be the tenant’s main or primary residence
Exclusions:
- Rent exceeds £100,000 per year
- Rent is less than £250 per year (£1,000 in London)
- Business lettings or commercial properties
- Holiday lets
You cannot use an AST if you’re a resident landlord sharing accommodation with your tenant or if the property is owned by the Crown or a local authority.
University halls of residence and properties let to full-time students are also typically excluded from AST arrangements.
Main Terms and Conditions of an AST
An Assured Shorthold Tenancy (AST) agreement contains several key provisions that define the relationship between landlords and tenants. These terms outline financial obligations, timeframes, and responsibilities for both parties.
Rent and Deposit Arrangements
Your AST agreement must clearly state the rent amount and payment frequency (typically monthly). The agreement should specify the payment due date and acceptable payment methods.
Most landlords require a security deposit equivalent to five weeks’ rent (or six weeks if annual rent exceeds £50,000). Since April 2007, all deposits must be protected in a government-approved scheme within 30 days of receipt.
The deposit protection schemes in the UK include:
- Deposit Protection Service (DPS)
- MyDeposits
- Tenancy Deposit Scheme (TDS)
Landlords must provide you with information about which scheme holds your deposit and how to recover it at the end of your tenancy.
Duration and Renewal Options
The typical AST lasts for an initial fixed term of 6 or 12 months. During this period, neither you nor the landlord can end the tenancy unless there’s a break clause or a serious breach of terms.
After the fixed term ends, your tenancy can either:
- Be renewed with a new fixed-term agreement
- Continue as a periodic tenancy (rolling month-to-month)
- End with proper notice
For periodic tenancies, you must give at least one month’s notice. Landlords must provide at least two months’ notice using a Section 21 notice form.
Break clauses are sometimes included, allowing either party to end the tenancy early under specific conditions. Always check if your agreement includes this option.
Tenant and Landlord Responsibilities
Your responsibilities as a tenant typically include:
- Paying rent on time
- Keeping the property clean and in good condition
- Reporting repairs promptly
- Not causing damage or nuisance
- Not subletting without permission
Landlord responsibilities usually include:
- Maintaining the structure and exterior
- Ensuring gas, electricity, heating and plumbing systems work safely
- Providing an Energy Performance Certificate
- Ensuring furniture meets fire safety standards
The landlord must conduct right to rent checks to verify your legal right to live in the UK. They must also provide you with a copy of the government’s How to Rent guide.
Regular property inspections may be included in your agreement, but the landlord must give at least 24 hours’ written notice before visiting.
Legal Rights and Protections Under an AST
AST agreements provide tenants with significant legal protections while balancing landlords’ property rights. These protections cover eviction procedures, deposit safeguards, and methods for resolving disputes.
Eviction Procedures and Notice Periods
Under an AST, you cannot be evicted without proper legal process. Your landlord must provide written notice before asking you to leave the property. The notice period depends on your circumstances:
- Section 21 notice (no-fault eviction): Your landlord must give at least 2 months’ notice
- Section 8 notice (for breaches like rent arrears): Notice periods range from 2 weeks to 2 months depending on the grounds
Your landlord cannot force you to leave without a court order, even after the notice period ends. This is crucial for your protection.
If you receive an eviction notice, check it carefully. The notice must contain specific information to be valid. Incorrect notices can delay or prevent eviction proceedings.
Dispute Resolution Processes
When disagreements arise during your tenancy, several options exist to resolve them:
- Direct communication – Always try speaking with your landlord first
- Mediation services – Independent third parties can help you reach an agreement
- Deposit protection schemes – Free dispute resolution for deposit disagreements
For serious issues, you may contact your local council’s housing department. They can investigate complaints about property conditions or harassment.
The Housing Ombudsman handles complaints about social landlords, while private tenancy disputes may require county court proceedings. Court should typically be your last resort after exhausting other options.
Many tenancy disputes relate to repairs or deposits. Keep records of all communications and photograph any property issues for evidence.
Frequently Asked Questions
AST agreements have specific rules and features that tenants and landlords should understand. Here are answers to common questions about these important rental documents.
What are the standard duration and terms of an assured shorthold tenancy?
Most ASTs initially run for 6 or 12 months. This is called the fixed term period.
After this period ends, the tenancy becomes periodic, continuing on a month-by-month basis. You can renew for another fixed term if both parties agree.
Standard terms include rent amount, payment dates, deposit protection requirements, and maintenance responsibilities. Landlords must provide tenants with the government’s ‘How to Rent’ guide.
How can one obtain a template for an assured shorthold tenancy agreement?
You can find AST templates from several reliable sources. The UK government website offers free downloadable templates that comply with current legislation.
Letting agents typically provide agreements as part of their service. Legal stationers and online legal document services sell professionally drafted templates.
Landlord associations like the National Residential Landlords Association offer members access to up-to-date templates that reflect current housing law.
What rights are assured to tenants under an assured shorthold tenancy?
Tenants have the right to live in a property that’s safe and in good repair. You can expect peaceful enjoyment of the property without interference from the landlord.
Your deposit must be protected in a government-approved scheme. You have the right to challenge excessive rent increases and unfair eviction notices.
Protection from revenge evictions exists if you’ve complained about legitimate repair issues. The landlord must follow proper legal procedures to end the tenancy.
In what scenarios does a tenancy not qualify as an assured shorthold tenancy?
A tenancy won’t qualify as an AST if the annual rent exceeds £100,000 or is less than £250 (£1,000 in London). Properties used primarily for business purposes also don’t qualify.
If the landlord lives in the same property (with shared facilities), it’s excluded from AST status. Holiday lets and university accommodation are typically not ASTs.
Tenancies that began before 15 January 1989 follow different rules and aren’t ASTs. Company lets, where the tenant is a company rather than an individual, are excluded.
What distinguishes a lease from a licence in the context of an AST?
A lease grants exclusive possession of a property for a defined period. This means you have the right to exclude others, including the landlord (except for agreed purposes like repairs).
A licence merely permits occupation without exclusive possession. The licensor can typically enter at will, and you may share the space with others not of your choosing.
ASTs are always leases, never licences. The distinction matters because licences offer far fewer protections than ASTs, with licensees having minimal security of tenure.
What is the legal definition and significance of ‘AST’ in property rental agreements?
‘AST’ stands for Assured Shorthold Tenancy, defined under the Housing Act 1988 (as amended). It’s the default type of tenancy for most residential rentals in England and Wales started after 28 February 1997.
The significance lies in its balance of rights. Landlords gain relatively straightforward possession procedures after the fixed term, while tenants receive important protections during the tenancy.
ASTs create a legal framework that helps prevent disputes by clearly defining the relationship between landlord and tenant with specific legal obligations for both parties.