Assured shorthold tenancy
Encyclopedia
The Assured Shorthold Tenancy is the default tenancy for most dwellings in England and Wales
. It is a form of Assured tenancy
with limited security of tenure, which was introduced by the Housing Act 1988, with important changes made by the Housing Act 1996.
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
. It is a form of Assured tenancy
Assured tenancy
An assured tenancy is a form of residential tenancy in England and Wales that grants a degree of security of tenure to the tenant. A tenant under an assured tenancy may not be evicted without a reason and the rent under the assured tenancy will often fall under the supervision of a Rent Assessment...
with limited security of tenure, which was introduced by the Housing Act 1988, with important changes made by the Housing Act 1996.
Security of tenure
The landlord has the right to terminate the tenancy by using a "section 21 notice", which in practice results in a minimum notice period of 2 months. There is no minimum length for which an assured shorthold tenancy may be granted and a section 21 notice can be served at any time. However, when court proceedings are based on the Section 21 Notice the court cannot order the tenant to give up possession earlier than six months from the beginning of the tenancy. Where one assured shorthold tenancy follows another, the tenant is protected for only 6 months from the beginning of the first tenancy under which the premises were occupied.Exclusions
There are a number of exceptions set out in the Housing Act 1988 which exclude a tenancy from being an Assured Shorthold Tenancy, for example:- The Landlord is a resident landlord (eg. Annexes or some conversions)
- the rent was greater than £25,000 per annum - increased to £100,000.00 from 1st October 2010
- none of the tenants occupying the property do so as a principal home
- the tenant is not an individual (for example, it is a limited company)
- the landlord is a local council