What Is An Assured Tenant?

In the legislation, the term “assured tenancy” covers both assured tenancies (sometimes called “full” or “ordinary” assured tenancies) and assured shorthold tenancies. For clarity, this leaflet will refer to assured tenancies and shorthold tenancies to highlight the important differences between the two.

An assured or shorthold tenancy is the usual form of letting if: • you are a private tenant and your landlord is a private landlord; • the tenancy began on or after 15 January 1989; • the house or flat is let as separate accommodation and is your main home

A tenancy will not be an assured or shorthold tenancy if: the tenancy began before 15 January 1989; or it is a business or holiday let; or no rent or a very low or very high rent is charged; • the landlord is a “resident landlord”.

Assured and shorthold tenancies allow landlords to charge a full market rent, unlike previous forms of tenancy. Shorthold tenancies also allow landlords to let their property for a short period only and to get it back if they wish after 6 months.

Changes in the 1996 Act mean that: • a new tenancy will automatically be a shorthold tenancy unless the landlord gives written notice that it will not be a shorthold tenancy; • the landlord has a right to possession if you owe at least 2 months’ or 8 weeks’ rent (rather than 3 months’ or 13 weeks’ rent); • it will be easier for the landlord to evict you if you cause a nuisance or annoyance to other local people; • if the landlord agrees a new or replacement shorthold tenancy with you, you have a right to a statement of the main details of the tenancy agreement if he or she does not provide a written agreement.

Under changes in the 1996 Act, if you are a new shorthold tenant, you will: • only be able to refer your rent to a rent assessment committee during the first 6 months of the tenancy; • continue to have the right not to be evicted without a court order and to have the same rights as existing tenants to stay in the property.

Different rules apply if you do not have exclusive use of the accommodation or the landlord lets part of the house or flat he or she lives in to you.

If the landlord agrees to rent you accommodation for a period and you will have exclusive use of the accommodation, the agreement will almost certainly be an assured or shorthold tenancy. If you do not have exclusive use of any part of the accommodation, you are likely to have a licence to occupy, not an assured or shorthold tenancy. The agreement will probably be a licence if the landlord has specified that he or she requires unrestricted access to your room to provide services such as cleaning.

If the landlord is a “resident landlord”, then you will not have an assured or shorthold tenancy. This rule generally applies to converted houses. So if the landlord has his or her only or main home in a flat in a building which has been converted into flats and then lets you another flat in that same building, the arrangement will not be an assured or shorthold tenancy. The landlord does not need to share any accommodation with you to be held to be a resident landlord. It is enough that he or she lives in the same building.

However, if the landlord lives in a flat in a purpose built block of flats and rents you one of the other flats in the same block, he or she will not be a resident landlord and you will be an assured or shorthold tenant. If you share part of the landlord’s own flat in a purpose built block, you will have a licence or a tenancy, but it will not be assured or shorthold.

If you have exclusive use of part of the accommodation but can also use another part of the accommodation, such as a communal living room or kitchen, with someone who is not the landlord, you are likely to have an assured or shorthold tenancy.

The differences between an assured and a shorthold tenancy

If you have a shorthold tenancy, the landlord can regain possession of the property 6 months after the beginning of the tenancy, provided that he or she gives you 2 months’ notice requiring possession. Sections 6.1 to 6.12 explain the procedures for regaining possession in a shorthold tenancy.

If you have a sitting tenant, you have the right to remain in the property unless the landlord can prove to the court that he or she has grounds for possession. The landlord does not have an automatic right to repossess the property when the tenancy comes to an end. Sections 6.7 to 6.12 explain the procedures for possessing an assured tenancy. The landlord can charge a full market rent for an assured or a shorthold tenancy.

 

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