Types of lettings- some basic definitions

Jeffrey Shaw

Member
Staff member
#1
Here's an aide-memoire re correct definitions re residential lettings and the Acts which create the varying types.​
RENT ACT 1977​
s.1: Protected Tenancy= letting of house etc. as separate dwelling.​
s.2: Statutory Tenancy= what arises as a statutory continuation after Protected expires. NB: not same tenancy (unlike HA 1988 periodic continuation).​
s.18: Regulated Tenancy= collective name for Protected or Statutory​
s.18A: Controlled Tenancy= various pre-1980 tenancies converted into Regulated.​
s.19: Restricted Contract (previously called "Part VI Contract")= letting where rent includes payment for furniture or services.​
HOUSING ACT 1980​
s.52: Protected Shorthold= letting (one yr to five yrs only), similar to HA 1988's original AST, ie preceded by warning Notice from L and with no security after fixed term expiry.​
HOUSING ACT 1985​
s.79: Secure Tenancy= public-sector letting of house etc. as separate dwelling when L condition [s.80] and T condition [s.81] are both satisfied.​
HOUSING ACT 1988​
s.1: Assured Tenancy=letting within 1988 Act, with effect from 15 January 1989.​
s.19A: Assured Shorthold Tenancy=ditto preceded by s.20 Notice. These pre-date 1 March 1997.​
s.20: Assured Shorthold Tenancy= ditto, but no need for preceding Notice. These post-date 28 February 1997.​
Other 1988 Act lettings (ie not ASTs) are loosely described as Standard Assured Tenancies.​
Hence one is best advised to use not the definition (in case it's wrong) but rather the name of the Act that governs the letting.​
 

Jeffrey Shaw

Member
Staff member
#2
Next, remember that all 1988 Act lettings are 'assured tenancies'.
There are two types:
AST (Assured Shorthold Tenancy).
SAT (Standard Assured Tenancy).

So one always analyses like this:
1. Is the letting within the Act?
- Yes, if:
a. section 1 allows it; and
b. Schedule 1 does not exclude it.

2. If it's within the Act, is it an AST or an SAT?
- It depends!
For a new letting (by L to someone not already T of the premises):
a. that began on/after 15 Jan. 1989 but before 28 Feb. 1997, it's an SAT unless- before it began- L made it an AST by serving on T a valid s.20 Notice; or
b. that began on/after 28 Feb. 1997, it's an AST unless- before it began- L made it an SAT by virtue of Schedule 2.