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Question Title: Tenancy Agreement
| Question: 210 |
| We think that we shall probably need to update our assured shorthold tenancy agreement (AST) as a result of the Housing Act 1996. Firstly, I have gone through the agreement on our word processor and changed all references to the old act to the Housing Act 1996 - is this correct. Secondly, are there any other changes that are necessary ? |
| Answer: |
| In most cases, landlords and their agent will need to revise AST tenancy agreements as a result of the Housing Act 1996.
It should be remembered that the original Housing Act 1988 is still in force - the main effect of the 1996 Act for private lettings was to amend provisions in the Housing Act 1988. Therefore it is important to make it clear in any documentation that any new letting comes under the amended act. You could substitute references to 'the Housing Act 1988' to in your agreement to 'the Housing Act 1988 as amended by the Housing Act 1996'.
In many cases, AST letting agreements also make reference to the Notice of assured shorthold tenancy (s20) which is no longer required. These references can now be deleted for new lettings. If a minimum term of six months is also specified, then this can be deleted.
Without sight of your specific form of AST agreement, it is impossible to answer your question fully - these are the common changes. When we amended our own AST series, we took the opportunity to make some small improvements at the same time. |
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References:
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Pages:
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Hyperlinks:
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Letting Handbook |
5-3 |
letting-handbook-and-factsheets.html
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For more information, discuss on the Forum
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