What is the difference between an assured and non assured tenancy agreement

Our Contractual Tenancy Agreement templates cater for both furnished and unfurnished houses and flats. Other useful documents are the two tenancy agreement guarantees for individual and corporate guarantors respectively. Residential landlords must comply with a wide range of legal requirements before entering into tenancy agreement.

Our Compliance Checklist can be used by a landlord to check that they are complying with housing law before the tenancy is entered into and during the term. There are a number of template letters and documents which can be found in the Residential Landlord and Ownership Documents to assist with these requirements.

Hide this message. Home Housing and local services Being a landlord and renting out a room. Tenancy agreements: a guide for landlords England and Wales. Assured tenancies Tenancies starting between 15 January and 27 February may be assured. Regulated tenancies Tenancies starting before 15 January may be regulated.

Print entire guide. Related content Deposit protection schemes and landlords Evicting tenants England and Wales Renting out your property. Explore the topic Being a landlord and renting out a room Elsewhere on the web Ending a tenancy as a landlord Scotland.

The tenant must be an individual not a business or other non-person. The property cannot be let as separate accommodation. By Tauyabba Mohammed Paralegal. We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it. However, it was The Housing Act that brought into force the secure tenancy as we know it today. The Act introduced a number of statutory rights for all such tenants, in addition to their contractual rights.

These statutory rights include succession rights — meaning that tenancies could be passed on to spouses or family members after the original tenant had died. The Act also limited the basis under which the authority could seek possession down to a small number of grounds such as breach of tenancy, rent arrears, tenant waste and so on.

These tenancies can be terminated via Notice to Quit and court proceedings if the tenant breaches the tenancy or if the Council decides they do not have a duty to re-house them permanently. Secure tenancies were the default tenancy offered to general needs tenants for nearly 3 decades.

However, the shortage of social housing and a change of Government in meant that the concept of lifetime tenancies came into question. These give Councils the power to grant tenancies for a fixed term normally between years. This part of the Act is expected to come into force late However, this changed when the Housing Act was brought into force.

From January onwards, all new tenancies granted by Housing Associations have been either assured tenancies or assured shorthold tenancies. Assured tenancies are similar to secure tenancies, in that they offer high security of tenure and effectively operate as a tenancy for life.

Assured tenants may benefit from rights such as the Right to Acquire which mirrors the Right to Buy and are granted limited succession rights. Although the statutory succession rights for assured tenants are not as extensive as those for secure tenants, the Housing Corporation made it clear that it expected Housing Associations to mirror those statutory obligations in their tenancy agreements by adding additional contractual rights.

Many tenants still occupy with the benefit to these enhanced rights. Assured shorthold tenancies on the other hand allow landlords to terminate the tenancy on a no-fault basis and without proving breach simply by serving what is commonly known as a s21 Notice. Provided the Notice was served correctly then Courts, in theory, have no discretion and have to grant a possession order. In practice, possession claims for these tenants are subject to defences relying on Equality Act grounds or proportionality arguments under the Human Rights Act Prior to the Localism Act coming into force, the guidance for Housing Associations under the Tenancy Standard was that assured periodic tenancies should not be granted to general needs tenants unless there were exceptional circumstances.