Assured Shorthold Tenancy (AST)

  • Assured Short Hold Tenancy created by 1988 Housing Act enacted 15 January 1989.  Unless specified the AST is the default tenancy for domestic residents.  However, see also exceptions like CLTs
  • Prior to 15.1.89, compliant protected (sitting) tenants could not be evicted.
  • Since this date AST tenants have right to remain for a minimum of 6 months.
  • The Housing Act 1996 as amended and effective from 28.02.97 permits any duration of tenancy, but unusually it cannot be enforced within 6 months.
  • This is important for landlords with pre-15.1.1989 tenants, since different rules afford more protection to such Protected tenants.
  • Any tenancy created after 28 February 1997 is automatically an AST unless stated otherwise.  Section 20 notices are no longer required to be issued from 28 February 1997 prior to granting a tenancy but note that these must be produced in court to end HMO tenancy commencing prior to 28.2.97.
  • Tenancies granted after 15 January 1989 are no longer automatically protected tenancies unless so stated.  They are assured tenancies.

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