What is the minimum length of an assured shorthold tenancy?

Finding good tenants can feel like you’ve struck gold. Problems can start to arise, however, when your tenants aren’t adhering to agreed standards. This is when you may find yourself flicking through your tenancy agreement to double-check your assured shorthold tenancy length.
So, what is the minimum length of an assured shorthold tenancy? Well, there is no minimum length of an assured shorthold tenancy. As assured shorthold tenancy (AST) can last for any duration. Let’s explain further.

Minimum AST length

There was a time when the minimum AST length was six months. However, this was removed by the Housing Act 1996. As per Section 19A, it is now perfectly legal to offer a shorter let. Typically, AST’s are six or 12 months long, but this isn’t to say that either party can’t extend the tenancy or agree in advance for it to be longer – or shorter!

Section 19A even stipulates that landlords don’t need to provide an initial fixed term tenancy. Instead, landlords can grant a periodic tenancy from the outset. This essentially means that the tenancy can run on a weekly, monthly, quarterly or yearly basis from the outset.

Whilst an AST can last for any duration, tenants have a legal right to stay in a property for a minimum of six months. This applies whether the AST was for a shorter term than this or not.

This simply means that you cannot use a Section 21 to obtain accelerated possession until after those initial six months of the tenancy. You can, however, serve a Section 8 if you have the grounds to do so. More on that in the section below.

How can I end an AST?

It’s really important to be aware of the correct way to end an AST, no matter your assured shorthold tenancy length. There is a process you must follow in order to give notice and this differs between the different types of tenancies.

Let’s say you need your property back because you intend to sell it or live in it yourself. You’ll need to ask your tenants to leave. Providing you have protected your tenant’s deposit in a tenancy deposit scheme and you are not asking them to leave before the end of the fixed term if applicable or at least six months before the original tenancy began, you can take back your property without giving any reason.

You must give your tenants written notice, also known as a ‘notice to quit’. This must include the date you intend them to leave and the notice period must be at least two months. It’s also recommended to provide them with an end of tenancy agreement letter that clearly states the expectations around the moving-out process. This usually includes details such as the date your tenant must vacate by, details of the final rent payment and the deposit return details.

If the tenancy is still within the fixed term, it can be more difficult to end an AST and gain possession. You must have a reason listed in the Housing Act 1988. Perhaps your tenant is behind with rent payments or have used the property for illegal activity. Whatever the valid reason, you will need to serve a Section 8 notice.

Tips for tenant retention

You know what they say – happy tenants, happy landlord! Tenant retention can prove massively beneficial as long as you’ve found the right fit. No financial arrears, good upkeep of the property and a good relationship could lead to many years of a regular and reliable tenancy and a steady and consistent income for you.

Every landlord wants to find the perfect tenant for their property. If you strike gold, here are a few tips on keeping your tenants happy in their new home:

• Provide an out-of-hours communication service by working with a letting agent
• Implement a tenant communication solution such as through a letting agent, via email or Whatsapp
• Conduct regular meetings with your tenant and listen to their requests and concerns
• Encourage feedback
• Incentivise tenancy renewals
• Prioritise maintenance and action repairs and issues as quickly as possible
• Be flexible and allow them to personalise their home as much as possible
• Be fair with rent prices.

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