Summary
The Housing Act 1988 introduced assured tenancies and assured shorthold tenancies (ASTs) as the primary forms of private residential tenancy in England & Wales. It replaced the Rent Act 1977 framework for new tenancies and significantly reduced security of tenure and rent control. ASTs have become the standard form of private sector tenancy.
Key Points
- Assured tenancies — Provide security of tenure; landlord can only obtain possession on specified grounds (Schedule 2)
- Assured shorthold tenancies (ASTs) — The default form of tenancy since 1997. Landlord has a mandatory ground for possession after the fixed term expires (s.21, now being reformed)
- Section 21 notice — Enables landlords to regain possession without proving fault (no-fault eviction). Being reformed by the Renters' Reform Bill
- Section 8 notice — Landlord must prove a ground for possession (rent arrears, antisocial behaviour, etc.)
- Grounds for possession — Mandatory grounds (court must grant possession) and discretionary grounds (court may grant if reasonable)
- Tenancy deposits — The Housing Act 2004 later required deposits to be held in approved schemes
Parts & Sections
Amendments History
1996 — Housing Act 1996
Made ASTs the default tenancy type for new tenancies from 28 February 1997.
2004 — Housing Act 2004
Introduced tenancy deposit protection schemes and licensing of HMOs.