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Protected shorthold tenancies

This content applies to England

Situations where a protected shorthold tenancy becomes an assured shorthold.

When a protected shorthold tenant is granted a new tenancy after 15 January 1989, the new tenancy is automatically an assured shorthold tenancy. No notice stating that the tenancy is to be an assured shorthold tenancy is required. A landlord can decide to create an assured tenancy instead by serving notice on the tenant, before the tenancy is entered into, that it is not to be an assured shorthold.[1]

Where a protected shorthold expires and no new tenancy is granted, the tenancy will continue, but as a statutory tenancy under the Rent Act 1977 (although subject to the protected shorthold ground for possession).[2]

See the section on Protected shorthold tenancies for more information on this type of tenancy.

[1] s.34(3) Housing Act 1988.

[2] Ridehalgh v Horsefield [1992] Estates GazetteCS 45.

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