An Assured Tenancy is defined as: A tenancy of a dwelling house let to an individual who occupies the property as his or her only or principle house.
These are granted by Housing Associations (Registered Social Landlords (RSLs)) and have the following attributes:
Before a landlord begins possession proceedings a Court the tenant must be served with a Section 8 Notice of Seeking Possession.
The landlord can obtain possession on the grounds contained in Schedule 2 Housing Act 1988.
If created after 28th February 1997 by a private landlord a tenancy will automatically be an assured shorthold tenancy.
Exceptions (tenants should seek further advice as to their right from a Solicitor) to this rule set out in Schedule 2A Housing Act 1988 are as follows:
If a notice is served by a landlord to a tenant stating that the tenancy is not an assured shorthold one.
The tenancy agreement details that the tenancy is not an assured shorthold one.
As assured tenancy was previously a secure tenancy.
Any tenancy that replaced an assured tenancy after 28 February 1997 will only be an assured shorthold one if the landlord serves a notice on the tenant stating this fact.
Assured agricultural occupancies.
An assured tenancy arising from Schedule 10 to the Local Government and Housing Act 1989.
Features of an Assured Shorthold Tenancy
The property is the tenant’s main residence let as separate accommodation.
The property cannot be reclaimed by the landlord during the tenants first six months of occupation.
Unless the grounds for possession are breached the landlord cannot claim possession during the fixed term.
After the fixed term has ended the landlord can apply for possession using the mandatory ground for possession – Section 21 Housing Act 1988.
After the fixed term has ended the tenant will become a statutory periodic tenant if he/she stays in occupation.
