The Housing Act 1988, enacted on the 15th January 1989, introduced Assured Tenancies and two types of tenancies could be created:

Assured Tenancies intended to give complete security of tenure to the tenant but with Grounds for possession for the Landlord if certain criteria were met.

Assured Shorthold Tenancies (AST) intended to give Landlords mandatory possession, through the Court, at the end of the fixed term.  An AST is a type of Assured Tenancy and as such must comply with many, but not all of the conditions imposed on an Assured Tenancy.

In order to create an Assured or an Assured Shorthold Tenancy under the Housing Act 1988, several important factors must be established.  The main ones being:

1. The Tenant(s) must be an individual
2. The Tenant, or in the case of joint tenants, at least one of them, must occupy the property as their main home
3. The annual rent must not exceed £25,000 but must exceed:
• £1,000 per year if the property is in Greater London, and
• £250.00 per year if the property is elsewhere and the figure must represent pure rent with no services included.
4. The Landlord must not enjoy resident landlord status, i.e. the landlord must not be living in part of the property which, when constructed was constructed as one property but has since been converted, all of which are owned by the Landlord. It does not, however, encompass properties which have been extended or had an annexe added.

If you are unable to establish any one of the above facts, you cannot create an Assured or Assured Shorthold Tenancy.  In this case the Tenancy would automatically be a Non-Housing Act Tenancy.

Non-Housing Act Tenancies are simply a contract between the parties where the content of the contract applies.  In this type of tenancy the tenant has less protection than with any other type. These tenancies are most commonly used in company lets.

These tenancies generally expire at the end of the fixed term and no notice to terminate need be served. It is usual, however, to notify the tenant either one or two months prior to the end of the tenancy if the tenancy is not to be renewed, out of courtesy and 'reasonableness'.

If the fixed term of the tenancy expires but the tenancy continues beyond the expiry date, a formally prescribed notice to quit is required giving a minimum of one months notice.

The Landlord & Tenants Act 1985

The act states what the landlord is liable for at the property:

• Structural Repairs
• To keep in repair the proper working order installations for supply of gas, water, electricity, sanitation and heating.