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Answer 6:

As you have a ‘resident landlord’ you will not have an assured periodic tenancy (APT).  You will have a ‘common law’ or ‘unregulated’ tenancy.

The reason for this is that tenancies with resident landlords are one of the tenancy types which Housing Act 1988 (which set up the assured and assured shorthold tenancies), states cannot be an APT in Schedule 1 (10).

Unregulated tenancies are governed, not by the provisions of any statute, but by the common law rules (see our article here on the common law).

They are similar in many ways to assured tenancies but

  • They can be granted for a fixed term (eg six months or a year) whereas now assured tenancies are periodic
  • The tenant fees rules will not apply
  • Deposits do not need to be protected in a scheme, and
  • The eviction procedure is different (section 8 notices will not apply)
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