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Tenancy agreement (England)
This is an Assured Shorthold Tenancy Agreement for a residential property which sets out the duties and responsibilities of the landlord and tenant. The property or any part of it can be furnished or unfurnished and the tenant or tenants must be an individual or individuals (i.e. not a company or partnership). It gives special rights to the landlord to repossess the property at the end of the term and special rights to the tenant to apply to a rent assessment committee for a rent determination in certain circumstances. An Assured Shorthold Tenancy can be for any length of time. Prior to 1997 the initial tenancy had to be for a fixed period of at least 6 months. It is recommended that this Agreement is not used for terms exceeding 3 years, in which case a solicitor should be consulted.

It is recommended that the Tenancy Agreement is prepared in duplicate and both copies should be signed by all parties, with both the landlord and tenant retaining a copy. An inventory should also be prepared of the furnishings or equipment included in the let.

Clauses in this Agreement include:

· The amount of rent and deposit payable and the term of the tenancy
· Landlord's obligation to insure the property and keep wind and water-tight
· Right of landlord to charge interest on late rent payments
· Tenant's obligation to pay bills and council tax
· Tenant's obligation to keep the property and any garden in good order and repair
· To use the property for residential purposes only
· Not to cause nuisance or annoyance to others
· Not to keep pets without written permission
· Not to leave property unattended for more than 21 days without informing landlord
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Notice to Quit (England)
The Notice to Quit is more properly known in legal terminology as a Notice Requiring Repossesssion. Under the Housing Act 1988 Section 21, to legally end an Assured Shorthold Tenancy Agreement the landlord must serve a Notice Requiring Possession upon the tenant and must give the tenant a minimum of two months notice. The notice specifies that the landlord wants to regain possession of the property and specifies the date when this is to be done by. Possession under this section cannot take place during the initial six months of the original tenancy. If possession is sought by the landlord during the first six months of an Assured Shorthold Tenancy then it can only be obtained if a breach of contract has been proven and a notice under Section 21 would not be appropriate.

Section 21 is divided into subsections with different rules applying to (a) notice served during the fixed term of a tenancy and (b) notice for possession that is served during a statutory periodic tenancy.

Notice served during fixed term (Housing Act 1988) Section 21(1)(b)

This notice applies to a fixed term Assured Shorthold Tenancy where Notice for Possession is served during the fixed term. Notice under this subsection can be served on a tenant at any time during the fixed term of the tenancy (but not before the fixed term begins) providing the tenant receives a minimum of two months notice. This is the case even if the two months notice ends after the Tenancy Agreement has expired. For example, if Notice Requiring Possession is served on the last day of the Tenancy Agreement, the tenant does not have to give up possession of the property until two months after the date that the notice was served or until the date written in the notice if it is further than two months away.

The notice should be served by giving it to the tenant personally or sent by recorded delivery, allowing 3 days for delivery.
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Notice to quit (Scotland)
This notice is served by a landlord on a tenant and has the effect of bringing the contractual Short Assured Tenancy Agreement between them to an end on the date on which they agreed it would end.

A Notice to Quit cannot take effect before the expiry date of the Tenancy Agreement. The Notice to Quit requires to be served on the tenant between 28 and 40 days before the end of the current period of the tenancy, depending on the length of the current tenancy period. A separate notice: Form AT6, must also be served on the tenant. it is recommended that both the Notice to Quit and Form AT6 above are served at the same time either by giving them to the tenant personally or sent by recorded delivery.
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