Assured tenancy
)[5] The term seemingly denoting "home", dwelling house, has been held to apply widely by the Courts, to exclude only businesses and highly indistinct factual arrangements of accommodation within a house or a flat (where the home is shared in an esoteric manner and no particular tenant or set of joint tenants can be said to be entitled exclusively the whole of any one part and anti-exclusion case law does not operate); flats and single rooms are included within the definition of a separate dwelling house as are converted barns, windmills etc.Although this provision stipulates "occupation" this need not be continuous, if a mere temporary absence this will still be capable of being an assured tenancy.It may be that the tenant has not by eviction ceased to live in a tenancy in which case they are no longer occupying the dwelling as their principal home.In order to regain possession, the landlord may do so only on one of a number of statutory grounds, which are set out in Schedule 2 of the Housing Act 1988.[11] Rent without specific provision under an assured, periodic tenancy cannot be increased within 52 weeks of commencement, and unless a statutory (implied) periodic tenancy, this may only be increased upon the service of a section 13 notice[12] in the appropriate form for England or for Wales, however as with general contract law a historic lease amendment or new lease neglecting such a notice before such an increase accepted by the tenant will be deemed to have supervened, preventing the tenant from relying on an earlier contract in not serving a section 13 notice.In this unusual scenario, the landlord can serve a notice before or after the tenancy has begun stating it is not to be a shorthold, where no rent assessment application has been made.
An assured tenancy that is not shorthold provides the tenant with the option of holding over at its end, implying a statutory periodic tenancy, which calls on the landlord to obtain an order for possession to evict if the landlord has a valid statutory ground. [ 1 ]
ReadingCounty CourtEnglish land lawHousing Act 1988rent assessment committeeHousing Act 1980Rent Act 1977Rent Actsassured shorthold tenanciessecure tenancyLandlord and Tenant Act 1954Housing Act 1985surrendersection 8 noticeProtection from Eviction Act 1977Assured shorthold tenancyShort assured tenancy (Scotland)Rent regulation in England and Walestenancy at willLabour Government 1974–1979Protected tenancyStatutory tenancyRegulated tenancyShort assured tenancyStarter tenancyDemoted tenancyFamily intervention tenancyBusiness tenancyFlexible tenancyNon-secure tenancySecure fixed term tenancyControlled tenancyConverted tenancyContrived tenancySitting tenant