Assured Shorthold Tenancy Agreements for the whole property
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What type of tenancy do these agreements create?
These agreements create an assured shorthold tenancy agreement (AST) for the entirety of the property. All tenants on the agreement are jointly and severally liable for the tenancy agreement. This means they share responsibility for the entire rent and any damage caused through a breach of their tenancy agreement.
When should these tenancies be used?
These joint tenancy agreements are the most common of all tenancies in the private rented sector and will be used in most situations. Typically they are used where the tenants know each other well or live alone. Usually, this will mean a family or a group of close friends.
When should these tenancies not be used?
If you plan on letting the property as HMO, particularly if your tenants do not know each other well you may wish to consider the NRLA's room-only ASTs instead, as it will allow you to access the communal parts of the property easily for the performance of your HMO management duties.
Both of these agreements create assured shorthold tenancies. As a general rule most agreements created in the private rented sector will be assured shorthold tenancy agreement, however there are a number of circumstances where an assured shorthold tenancy agreement cannot be created such letting to companies or renting out rooms within your own home.
If your tenancy cannot be an AST then these agreements will not be right for you. Instead, you should be using the correct alternative tenancy.
Last Updated: 21/07/2020
Full guidance on when the tenancy cannot be an assured shorthold tenancy, as well as the alternative tenancy that will be required instead.
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