An assured tenancy is a type of rental agreement used in England and Wales, giving tenants stronger rights than many other private renters. One of its key benefits is that landlords can’t evict tenants without a valid reason. In this guide, we’ll break down assured tenancies, explain how they work, and highlight the differences between assured and assured shorthold tenancies.
What does assured tenancy mean?
An assured tenancy provides tenants with long-term security and stability. In simple terms, tenants can stay in the property as long as they choose unless the landlord can prove legal grounds for possession under The Housing Act 1988. Unlike other agreements, landlords don’t have an automatic right to repossess the property.
Before February 1997, assured tenancies were the standard form of rental agreement. Today, they’re much less common, with most landlords choosing assured shorthold tenancies, which allow possession without needing a specific reason.
Key features of an assured tenancy:
Tenants have the right to occupy the property as their home.
Landlords can’t end the tenancy without a court order, except in limited circumstances.
Tenants may have the right to pass the tenancy to a family member (known as succession).
Types of assured tenancies
There are several types of assured tenancies depending on the specific rental situation:
1. Periodic assured tenancy
This type of tenancy continues on a rolling basis, often month-to-month or week-to-week. It’s common after a fixed-term tenancy ends if neither party wants to end the agreement.
2. Fixed-term assured tenancy
In a fixed-term assured tenancy, the agreement lasts for a period of time, such as six months or one year. During this time, the terms of the tenancy do not change unless both parties agree.
3. Assured agricultural tenancy
These apply to tenants renting agricultural land or properties. These follow specific rules under the Agricultural Tenancies Act 1995.
4. Assured tenancy for life
This type of tenancy grants the tenant the right to occupy the property on an ongoing basis. This is often used in housing associations or council agreements.
Can a landlord end an assured tenancy?
Ending an assured tenancy is not as easy as serving a simple notice. The Housing Act 1988 explains that landlords must have grounds to reclaim the property.
Valid grounds for ending an assured tenancy:
Non-payment of rent: If a tenant falls behind on rent payments.
Breach of tenancy agreement: A tenant may cause damage to the property or engage in anti-social behaviour.
Landlord requiring the property: The landlord may decide to sell the home or want to move into it themselves (under certain conditions).
In most cases, landlords must:
Serve a valid Section 8 Notice (based on grounds listed in the Housing Act)
Obtain a court order for possession (also known as a possession order)
What does the Housing Act 1988 say about them?
The Housing Act 1988 is the main law surrounding assured tenancies in England and Wales. It explains the rights and responsibilities of landlords and tenants on a legal basis.
Key rules include:
It explains that assured tenancies and assured shorthold tenancies (ASTs) are the primary tenancy types.
The list of grounds under which a landlord can seek possession of the property.
Landlords can't evict tenants without due process, including serving notice and obtaining a court order.
What’s the difference between assured and assured shorthold tenancies?
Assured and ASTs serve different purposes and provide varying levels of security for tenants. ASTs are now the most common tenancy type for private rentals. Assured tenancies are more commonly used in social housing. You can learn more in our guide to assured shorthold tenancies.
Aspect | Assured tenancy | Assured shorthold tenancy (AST) |
|---|---|---|
Tenant security | Provides long-term security | Less secure, landlords can reclaim possession more easily |
Termination process | Requires specific legal grounds and court order | Can end with a Section 21 notice (no-fault eviction) |
Use cases | Often used by housing associations | Common in private rentals |
FAQs
What is the difference between secure and assured tenancy?
A secure tenancy is often granted by local councils and provides tenants with lifelong housing rights. They must follow the terms of the agreement. An assured tenancy is often used by housing associations and offers less security. Landlords retain the ability to end the tenancy under specific legal grounds.
Can I buy my house with an assured tenancy?
There are certain government schemes in place such as the Right to Buy or Right to Acquire that can help you buy your house. Tenants with an assured tenancy may qualify if they meet the eligibility requirements.
What is an assured tenancy for life?
An assured tenancy for life provides tenants with the right to live in a property, as long as they comply with the tenancy terms.
Can you receive a possession order with an assured tenancy?
Landlords can get a possession order for an assured tenancy if they can prove valid grounds. This includes non-payment of rent, breaches of the agreement, or other legal reasons. The court would need to approve the order before eviction can occur.
Final thoughts
Understanding assured tenancies is a must if you’re a landlord or a tenant. Whether you’re considering renting, leasing, or managing a property, we’re happy to help you make an informed decision. Get in touch today for professional legal advice from an experienced landlord solicitor to find the best course of action for your situation.
References
Succession to a tenancy by City of Westminster
Evicting tenants in England by gov.uk
Disclaimer: This article only provides general information and does not constitute professional advice. For any specific questions, consult a qualified accountant or business advisor. Bear in mind that tax rules can change and will differ based on your circumstances.