All rights and obligations enshrined in the Landlord and Tenant Act 1985 are legal and any rental agreement that contradicts them is invalid and illegal. Prior to February 1997, secured rentals were the most common type of rental, but they are now rarely used, as landlords tend to favor ASTs, as they allow them to reclaim the property without requiring a reason or proof of violation of a condition. Some secure rental agreements are created accidentally because the landlord does not follow the correct procedure necessary for ASTs. Shorthold Tenancy Insurance (AST) is the most common form of contract in the private rental sector (PRS). The most common form of lease is an AST. Most new leases are automatically of this type. The basic principle behind an AST – and probably why it is called secure – is that it offers the tenant some security of ownership, subject to certain restrictions. In other words, as long as the tenant pays the rent and complies with the terms of the lease, he has the right to stock up for the agreed period – or “duration”, as it is called. Additional rules apply when your rental started after September 30, 2015: If the rental agreement contains an interruption clause, both parties have the option to terminate the contract, usually at the six-month mark. You will find the exact information in the rental agreement. The lease is a kind of contract that governs the relationship between an owner, his tenants and the rented property. It is very important to know that the lease is binding after signing and that each party has legal responsibilities. The rental agreement is the contract that regulates the relationship between the landlord and the tenant.
This document defines the rights and obligations of each party and defines how the leased property is to be used. In England and Wales, the type of lease (contract), the reinsured short-term lease, is used. Learn more below to find out what it is and what applies to you. In contrast, a secured lease provides tenants with greater long-term rental security, as they are able to stay in a property until they decide to leave or the landlord takes possession of one of the reasons listed in the Housing Act 1988. This usually requires waiting for a particular condition to occur to allow them to apply for a property order, for example, tenants take the rent late. When an AST reaches the end of its life instead of being extended for another fixed term of 6 or 12 months, for example, provided that neither party has terminated, the lease is maintained as a periodic lease, usually by mutual agreement between the parties. When the temporary period expires, the lessor can either grant the tenant another temporary AST (provided he wishes to do so) or continue the lease for months. In this case, it becomes a periodic lease – see later for more information about it. Please note that this information is for England and Wales. As with many other aspects of the law, there are differences in Scotland.