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An Assured Shorthold Agreement (AST) is the term for
the tenancy agreement used under the Housing Act 1988, amended 1996. An
essential part of the agreement is that the tenant has exclusive possession of
the property. This means that during the period of the fixed term of the
tenancy, the tenant has all the rights to be at the property and to use it as
their main home. During the first 4 months of this tenancy, the landlord cannot
evict them, only after these 4 months, can he then serve the Section 21 notice
to get the property back if required, this adds up to 6 months, the most common
term for an Assured Shorthold Tenancy, though it can be for a longer term.
An Assured Tenancy is different from an AST. These were
common in tenancies before the AST was introduced, so if you have a tenant who
has been in the property for many years, you may have the agreement drawn up on
one of these. The main drawback is that the Landlord is not always guaranteed
possession at the end of the term.
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