The tenancy trail

Before you travel down the tenancy trail (which is rather long and winding), it is worth noting that:-

Excluding public sector tenancies (which are not dealt with in this website):-

  • Almost all tenancies granted since 27th February 1997 will be Assured Shorthold Tenancies
  • Tenancies granted between 15th January 1989 and 27th February 1997 will either be Assured or Assured Shorthold Tenancies, depending on whether the correct paperwork was served and the rules followed when the tenancy first began
  • Most tenancies granted before 15th January 1989 will be protected tenancies (ie under the Rent Act 1977)

Please also note that the starting date of a tenancy (ie when it was granted) is the date the tenant first occupied the property under the original tenancy agreement, not the first day of the most recent written agreement (if there is more than one).  In virtually all cases the tenancy type will be decided at that point.

So before starting this trail, you need to know what this date was.