The Assured Tenancy

All tenancies for residential property entered into after 15 January 1989 (with a few minor exceptions), are known as 'assured tenancies'. The most common form of assured tenancy used in the private sector is known as an 'assured shorthold' (or sometimes just 'shorthold'). All tenancies signed after February 1997 are assured shortholds, unless the agrement states expressly that it is an assured tenancy with no mention of the word 'shorthold'.

The main principles of the assured shorthold tenancy are that it must be for a fixed term of not less than six months, and can be brought to an end by the landlord serving two months notice on the tenant. At the end of the six-month period the tenant, if given two months prior notice, must leave.

An assured shorthold tenancy will become periodic (will run from week to week) when the initial term of six months has elapsed and the landlord has not brought the tenancy to an end. A periodic tenancy is brought to an end with two months notice.

The landlord will have an absolute right to possesion of the property at the end of the tenancy - as long as they give two months' notice. Although the landlord cannot evict you without obtaining a court order, they will have an absolute right to such an order.

If your tenancy is an assured tenancy, then the landlord can only obtain permission if they can prove the existence of one or more 'grounds for possession', that is, circumstances which justify them requiring possession. These are many and various, but include non-payment of rent and breaches of other terms of the tenancy agreement. Some grounds are 'mandatory', which means that on proof of the ground, the court must make an order for possession against the tenant. Other grounds, however, are discretionary, so that even if the ground is established, the court has discretion whether or not to order possession.

If you have an assured tenancy and you receive a notice claiming possession, you should immediately seek legal advice as to your rights.