The tenancy trail

Answer

The tenancy is most likely governed by the statutory code set out in The Housing Act 1988.

Unless or until the law is changed, the following tenancy types are created by and governed by the provision of this act.

  • Assured shorthold tenancies, which are the default tenancy type today and which will in most cases be created automatically
  • Assured tenancies which used to be the default tenancy type until 27 February 1997.  To create an assured tenancy now a notice has to be served on the tenant first (this is usually done in the tenancy agreement).

The main difference between assured and an assured shorthold is that only landlords of assured shorthold tenancies can use the ‘no-fault’ procedure set out in section 21 of the act to recover possession of their property.

The Housing Act 1988 will apply to all new tenancies unless they come within the tenancy types set out in Schedule 1 of the Act.  These are mostly the tenancy types we have looked at earlier in this guide.

Landlord Law members can find out more about assured and assured shorthold tenancies in  this article.

Follow the tenancy trail further to find out more.