Q&As

Can a landlord legally require a tenant to enter into a new assured shorthold tenancy (AST) where the fixed term of the tenancy has expired and a statutory periodic AST has arisen?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 14/09/2020

The following Property Disputes Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Can a landlord legally require a tenant to enter into a new assured shorthold tenancy (AST) where the fixed term of the tenancy has expired and a statutory periodic AST has arisen?

Can a landlord legally require a tenant to enter into a new assured shorthold tenancy (AST) where the fixed term of the tenancy has expired and a statutory periodic AST has arisen?

By section 19A of the Housing Act 1988 (HA 1988), a tenancy of a dwelling house let as a separate dwelling to an individual tenant or tenants as the only or principal home of at least one of them and which is not excluded, is an assured shorthold tenancy (AST). An AST cannot be brought to an end by the landlord save by obtaining an order for possession pursuant to either the HA 1988, ss 8 or 21 procedure, and the execution of the order. By HA 1988, s 5(2), if an AST comes to an end otherwise than by virtue of a court order or a surrender (or notice under section 33D of the Immigration Act 2014) the tenant is entitled to remain in possession on the basis of a statutory periodic tenancy taking effect in possession immediately after the ending of the

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