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 Committee.

Assured tenancies were introduced by the Housing Act 1988 and replaced tenancies protected by the Rent Acts.

Security of tenure

Security of tenure operates in a slightly different way depending on whether the tenancy is a periodic or fixed-term tenancy.

If the tenancy is periodic, it will only come to an end either by an order of the court or by surrender by the tenant.

If the tenancy is a fixed term tenancy, it may be ended either by the effluxion of time, or, if the tenancy agreement gives the landlord a power to end the tenancy, by the landlord exercising that power. If a fixed term assured tenancy comes to an end in one of these ways, a new periodic assured tenancy will be created, known as a statutory periodic tenancy. Security of tenure remains.

In order to regain possession, the landlord may only do so on one of a number of statutory grounds which are set out in Schedule 2 of the Housing Act 1988. To obtain an order for possession, the landlord must serve a section 8 notice on the tenant, setting out the ground or grounds that are relied on and then, after a period of time that varies depending on the grounds chosen, apply to the court for possession.

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