Assured and assured shorthold tenancies—granting
Assured and assured shorthold tenancies—granting

The following Property Disputes practice note provides comprehensive and up to date legal information covering:

  • Assured and assured shorthold tenancies—granting
  • Definitions
  • Criteria for AT
  • Exceptions to AT status
  • Ceasing to fall within AT criteria
  • Criteria for AST
  • Exceptions to AST status
  • Prohibition of tenant fees
  • Rent payable under AT or AST
  • Fixed term tenancies
  • More...

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:

  1. proceedings for possession

  2. forfeiture of business leases on the grounds of non-payment of rent

  3. a landlord's right to exercise Commercial Rent Arrears Recovery (CRAR) and enforcement agents taking control of goods

  4. service of various notices to recover possession of residential properties

  5. practice and procedure in the First-tier Tribunal (Property Chamber) and Upper Tribunal (Lands Chamber)

  6. insolvency legislation of both a permanent and temporary nature

For further information and guidance, see: Coronavirus (COVID-19)—implications for property.

This Practice Note explains the criteria for assured tenancies (AT) and assured shorthold tenancies (AST) and the exceptions to those criteria, the main terms of AT and ASTs, the position regarding succession, and summarises a landlord’s obligations in respect of energy efficiency, gas safety and other health and safety obligations, right to rent and tenancy deposits. For information regarding terminating AT and ASTs see Practice Note: Assured and assured shorthold tenancies—terminating.

Definitions

Listed below are the definitions of terms which are particularly relevant for the purposes of this Practice Note:

  1. Assured tenancy (AT): was the main form of private residential security of tenure from 15 January 1989 until 27 February 1997. Leaving aside termination of the contractual tenancy, the statutory tenancy can only be unilaterally terminated by a

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