March 7, 2017

When is an Assured Tenancy not deemed to be an Assured Shorthold Tenancy?

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An AST pertains to private residential tenancies and was introduced by the Housing Act 1998.

Assured tenancies granted on or after 28 February 1997, are generally deemed to be an assured shorthold tenancy (AST).

However there are a number of exceptions to this rule in as set out in Schedule 2A of the Housing Act 1988.  They are as follows:

  1. The landlord serves a notice on the tenant, before the tenancy is entered into, stating that it will not be an assured shorthold tenancy.
  2. The landlord serves a notice on the tenant, after the tenancy has been entered into, stating that it is no longer an assured shorthold tenancy. Where for example, a landlord served such a notice by mistake on a starter tenant.
  3. The tenancy agreement states that the tenancy is not a shorthold tenancy.
  4. An assured tenancy arises by succession on the death of a Rent Act tenant.
  5. When a tenant becomes an assured tenant on ceasing to be a secure tenant. For example, where a tenant of a local authority becomes the tenant of a housing association on transfer of the authority’s housing stock.
  6. When a tenancy arises after the expiry of the 12-month term of a demoted assured shorthold tenancy.
  7. Upon the expiry of a long lease of 21 years or more) when the tenant usually has the right to become an assured tenant under the Local Government and Housing Act 1989.
  8. When the tenancy is granted to a person who immediately beforehand an existing fully assured tenant or a joint tenant of the same landlord or a joint landlords, even if the dwelling is not the same. This exception does not apply if the landlord serves a notice in the prescribed for on the tenant stating that the new tenancy will be a shorthold and warning the tenant of the rights that he is giving up.
  9. When a periodic tenancy arises on the expiry of the fixed term of a fully assured tenancy.

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