An assured tenancy that is not shorthold provides the tenant with the option of holding over at its end, implying a statutory periodic tenancy, which calls on the landlord to obtain an order for possession to evict if the landlord has a valid statutory ground.[1]
An assured tenancy is a legal category of residential tenancy to an individual (or individuals jointly) in English land law. Statute affords a tenant under an assured tenancy a degree of security of tenure. A tenant under an assured tenancy may not be evicted without a reasonable ground in the Housing Act 1988 and, where periodic[n 1] changes in rent are potentially subject to a challenge before a rent assessment committee.
Assured tenancies were introduced by the Housing Act 1988 that applies to tenancies entered from its commencement date or those assured tenancies it converted from the Housing Act 1980. The Act replaced most of the greater rent protection under the Rent Act 1977 and in rarer cases, other Rent Acts.[n 2] However, since 28 February 1997, all new residential tenancies with three exceptions are deemed to be assured shorthold tenancies.[2]: 209 These exceptions are those excluded by notice before or after the tenancy, those specifying it is not a shorthold, and lettings to existing assured tenants.[3]
The assured tenancy replaced the secure tenancy, with greater tenant protections, introduced by the Housing Act 1980.[4]
- ^ Housing Act 1988 s. 7
- ^ Commercial Property: Part III - Residential Tenancies, P. Butt, College of Law Publishing (Guildford), 2008 ISBN 978 1905391448
- ^ Housing Act 1996 s.96 and more generally ss 96-102 (i.e. Chapter 2)
- ^ "Factsheet 68 - Tenancy rights – security of tenure" (PDF). Age UK. June 2017. Document explaining all the different types of tenancy for England and Wales, and their conditions.
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