- 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.
