Contractual (Non-Assured Shorthold) Tenancy Agreements

An Assured Shorthold Tenancy (AST) is the usual form of tenancy granted by private landlords in England and a selection of AST templates can be found in our ASTs folder. However, there are some residential tenancies that cannot be assured shortholds in England. Exclusions include high value properties (where the annual rent exceeds £100,000), lettings where the tenant does not occupy the property as his only or principal home (e.g., a second home) and lettings by resident landlords. Tenancy Agreements granted in these circumstances are known as Contractual Tenancies.

These templates apply to England only. If your property is in Wales, you will most likely grant an occupation contract. For further information on occupation contracts and for the model written statements see Renting Homes Wales.

Another exclusion from AST status covers lettings to companies or other non-natural persons. Our Company Lets subfolder has suitable templates for such lettings.

Contractual tenancies are not covered by any of the statutory regimes that give tenants security of tenure. They can be terminated easily, subject to the Landlord complying with the notice period in the tenancy agreement and the notice requirements of the Protection from Eviction Act 1977 (a minimum notice period of four weeks).

Landlords should note that a contractual tenancy can become an AST if the exclusion ceases to apply. For example, if the property becomes the Tenant’s only or principal home, having previously been a second home, the tenancy will become an AST. With this in mind, our Contractual Tenancy Agreements include provisions that are appropriate for ASTs such as Tenancy Deposit Protection and a forfeiture clause that refers to the grounds for possession in the Housing Act 1988.

Our Contractual Tenancy Agreement templates cater for both furnished and unfurnished houses and flats. Other useful documents are the two tenancy agreement guarantees for individual and corporate guarantors respectively.

Formalising the landlord/tenant relationship with these Tenancy Agreements will reduce the scope for disputes and ensure that the landlord gets the property back at the time and in the condition he requires.

Residential landlords must comply with a wide range of legal requirements before entering into tenancy agreement. Our Compliance Checklist can be used by a landlord to check that they are complying with housing law before the tenancy is entered into and during the term. There are a number of template letters and documents which can be found in the Residential Landlord and Ownership Documents to assist with these requirements.

These Tenancy Agreements are drafted using plain English so that they can be understood by the general public. Where it is necessary to use legal terms an explanation in plain English is included.

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