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Assured shorthold tenancies – what are they?

You may be offered an assured shorthold tenancy if a long-term tenancy would not suit your circumstances. For example, you’re staying in temporary accommodation for a short time.

Your tenancy agreement is a legal document and states all the conditions about living in the property. Your housing association should explain the tenancy in detail before you sign it. Tenancy conditions are ‘rules’ about living in the property – like paying the rent on time. Your housing association can usually get the property back after six months from the start of the tenancy, by giving you two months’ notice.

If you’re unsure what type of tenancy you have, contact your housing association or use Shelter’s tenancy checker.

• Tenancy checker - Shelter Opens new window

• Find your housing association Opens new window

Your responsibilities as an assured shorthold tenant

Your responsibilities include:

• to pay the rent on time
  
• to keep the property in good condition
  
• to make sure that anyone living at or visiting the property doesn’t cause a nuisance to neighbours
  
• not to use the property for anything illegal – for example, drug dealing

Sharing responsibility – joint tenancies

These are normally offered to married couples and cohabiting partners (people in a relationship who live together). Joint tenants ‘share’ the same tenancy agreement and are both responsible for things like paying the rent on time. Contact your housing association if you want to apply for a joint tenancy.

• Anti-social behaviour (crime and justice section)

Your rights as an assured shorthold tenant

Your rights include:

• have your home repaired – most repairs are the responsibility of the housing association, though you’re likely to be responsible for minor maintenance
  
• transfer your tenancy to someone else, with the housing association’s permission – speak to your housing association about this

• Repairs and housing association homes Opens new window

• Transfers and exchanges - housing association homes Opens new window

Rent disputes and rent increases

Most housing associations increase rents once a year. Your tenancy agreement should state when the rent can be increased.

If you think the rent increase is unfair, you may be able to appeal to an independent Rent Assessment Committee. Independent means it has no connection with your housing association. You must appeal before the new rent is due to start.

• Rent Assessment Committees - information from Ministry of Justice Opens new window

Limits on what you can do as an assured shorthold tenant

You aren’t normally allowed to, for example:

• rent out a room(s) or sub-let the whole property
  
• swap your property with another housing association (or council) tenant
  
• apply for the ‘Right to Acquire’ scheme – this lets tenants buy their property at a discount from their housing association

If you want to do any of these things, speak to your housing association.

How long the tenancy is for – the fixed term

An assured shorthold tenancy will usually be for a certain period (called the 'fixed term') – this has to be a minimum of six months.

Once the fixed term comes to an end, your housing association may let you carry on living in the property. If it does, it has the right to get the property back at any time, but they must give you two months’ notice.

If you carry on living in the property after the end of the fixed term, your tenancy will continue from one week (or month, if you pay your rent monthly) to the next. This is called a 'periodic' tenancy. Your housing association may offer you an assured tenancy.

• Assured tenancies - housing association tenants

Eviction – can the housing association evict you?

If you break any of the conditions of your tenancy agreement, you may be evicted. Eviction means the tenancy is ended and you have to leave your home.

You can’t be evicted unless your housing association gets permission from the court and they follow certain legal steps. If your landlord wants to evict you during the fixed term of your tenancy, it must have a legal reason - called a 'ground'. After the fixed term is over, it is normally easier for the housing association to evict you. because they don’t have to prove a reason for evicting you.

To find out about the eviction process, your rights as a tenant and if you can stop or delay an eviction see the link ‘Eviction – a guide for housing association tenants’.

• Eviction - a guide for housing association tenants

Ending your tenancy

Your tenancy can only be ended if:

• you give the housing association four weeks’ notice in writing
  
• you and the housing association agree to end the tenancy
  
• the housing association evicts you

Standards and housing associations

There are rules housing associations have to follow to make sure tenants:

• get involved in how their housing is run
  
• ‘have their say’ about the services they receive – for example, how and when repairs are carried out

• Tenants organisations - getting involved in where you live

• Download 'A guide to social housing standards' (PDF, 1MB) Opens new window

• Help with PDF files

Complaints about your housing association

Try to resolve any issues with the housing association directly – they should have a formal complaints procedure.

If you have tried their formal complaints procedure and are still not happy, you can send your complaint to the Housing Ombudsman Service. They will look at your complaint and make a final decision (you can’t appeal against a Housing Ombudsman Service decision).

• Housing Ombudsman Service

Where to get tenancy help and advice

If you have a problem (for example, with repairs or anti-social behaviour) contact your housing association or tenant organisation.

You can get online, telephone and face-to-face advice about tenancy issues and your rights and responsibilities from organisations like Shelter and Citizens Advice.

• Find your housing association Opens new window

• Find your nearest Citizens Advice or Shelter advice centre Opens new window

More useful links

• Affordable home ownership schemes for newly built homes