Tenancies that cannot be assured

Most housing association tenants and some private tenants have an assured tenancy.

A landlord can only end an assured tenancy if they have a legal reason or ground for possession.

Find out more about assured tenancies on Shelter Legal.

Some tenancies or other occupancies cannot be assured.[1] The occupier has a different security of tenure. This includes where:

• the landlord is a local authority

• the occupier has a resident landlord

• the tenancy started before 15 January 1989

A local authority cannot issue an assured tenancy.[2] Most local authority tenants have a secure tenancy.

Find out more about secure tenancies.

A tenancy cannot be assured if it is granted by:[3]

• the Commission for New Towns

• the Development Board for Rural Wales

• urban development corporations

• development corporations

• waste disposal authorities

• residuary bodies

• fully mutual housing associations

• housing action trusts

Tenancies where the interest in the land belongs to the Crown or a government department cannot be assured.[4]

Tenants of the Duchy of Lancaster or the Duchy of Cornwall are not Crown tenants. Both Duchies can grant assured tenancies.

A tenancy can be assured if either:[5]

• the interest is managed by the Crown Estate Commissioners

• it is a letting after 1 April 1991 by health authorities and NHS trusts

Where the Crown Estate Commissioners transferred its housing stock to a housing association after 15 January 1989, tenants who were regulated tenants became assured tenants of the housing association.[6]

Most private tenancies that started before 15 January 1989 are regulated tenancies.

Private tenancies that started before 15 January 1989 cannot be assured, unless they are either:[7]

• assured tenancies created by the Housing Act 1980 which the Housing Act 1988 converted into new assured tenancies[8]

• tenancies transferred from the public sector to another landlord under Parts 3 and 4 of the Housing Act 1988 which become assured tenancies on transfer[9]

Find out more about regulated tenants.

New tenancy granted to existing regulated tenant

A regulated tenancy can be granted after 15 January 1989 where it is granted to an existing regulated tenant.[10]

Immediately before the new tenancy is granted, the tenant must have been a regulated tenant of the landlord granting the new tenancy. The tenant, or at least one of the joint tenants, must have been a regulated tenant before 15 January 1989.[11]

The tenancy does not have to be for the same property.[12]

Offer of suitable alternative accommodation to regulated tenant

When a regulated tenant is evicted on the basis that suitable alternative accommodation is available to them, the court can direct that the alternative accommodation is let under a regulated tenancy.

Find out more about regulated tenancy grounds for possession.

A tenancy granted by a resident landlord cannot be assured.[13] For example, a lodger agreement where the landlord also occupies the property as their only or principal home.

A person sharing living accommodation with their resident landlord is usually an excluded occupier. An excluded occupier can be evicted without a court order.

Find out more about excluded occupiers.

A landlord might use a sham agreement to suggest the tenant has fewer housing rights than they have in law. A lodger agreement could be a sham agreement if the landlord is not resident in the property immediately before the agreement starts and when it ends.

Find out more about sham tenancy agreements.

When a local authority carries out its homelessness functions, it can secure a tenancy for a homeless applicant with a private landlord. Accommodation used as interim or temporary accommodation is not usually assured.[14]

Accommodation secured by the local authority can become assured where 12 months have passed since the:[15]

• local authority made its decision on the homelessness application

• decision on review or an appeal was finally determined

Temporary accommodation is assured if the landlord serves notice on the tenant that the tenancy is an assured tenancy.[16]

Find out more about homelessness applications.

A private tenancy granted for the provision of support for asylum seekers or their dependents under part 6 of the Immigration and Asylum Act 1999 cannot be assured.[17] This includes accommodation provided under UKVI support.

Find out more about UKVI accommodation.

Most lettings of agricultural land or agricultural holdings cannot be assured tenancies.[18]

Some agricultural workers occupy accommodation as a condition of their employment. The accommodation is tied to their work. These occupiers might have an assured agricultural occupancy.

Find out more about agricultural occupancies.

A student letting cannot be an assured tenancy. A student letting is a tenancy granted to someone who is pursuing or intends to pursue a part or full time course provided by a specified educational institution, where the tenancy is granted by:[19]

• a specified educational institution, such as a university[20]

• a specified accommodation provider

Other specified accommodation providers include members of a housing management code of practice.[21] The code of practice can be set by the Secretary of State.

A tenancy cannot be assured where its purpose is to give the tenant the right to occupy for a holiday.[22]

A tenancy is not assured where the annual rent is:[23]

• more than £100,000

• £1,000 or less in Greater London, or £250 or less elsewhere

Payments made towards council tax, repairs, maintenance, management, services and insurance are disregarded when determining the rent amount.[24]

Tenancies can fall in and out of assured status if rent increases or reductions take the rent above or below the low or high rent levels below.

Tenancy started before 1 April 1990

For tenancies entered into before 1 April 1990, the tenancy is not assured if:

• there is no rent or where the rent is less than two-thirds of the rateable value on 31 March 1990[25]

• the rateable value on 31 March 1990 was higher than £1,500 in Greater London or £750 elsewhere[26]

Information about rateable values is available from the local authority.

A tenancy cannot be assured where the property is occupied for the purpose of a business.[27] The business use must be a significant reason for occupation rather than incidental.[28]

Home business tenancy

This applies to assured tenancies created on or after 1 October 2015.

Where the landlord consents to a home business, the tenancy is a home business tenancy and retains assured tenancy status.[29] A home business is one that can be reasonably done at home, such as internet businesses or advertising copywriting.[30]

Licensed premises

A tenancy cannot be assured if it includes premises licensed to sell alcohol for consumption on the premises.[31]

A tenancy of a room or flat above above a pub might not fall within this exception, so the tenant could have an assured tenancy.