Check Your Occupation Type – Private

Answer 5:

This will be a ‘company let’ and therefore not an assured or an assured shorthold tenancy.  It will be a ‘common law‘ or ‘unregulated’ tenancy.

The reason for this is that the Housing Act 1988, which set up the assured and assured shorthold tenancies, defines them as tenancies rented to ‘individuals’ ie living people.

A company is an artificial person and so is incapable, legally, of owning an assured or assured shorthold tenancy.

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 and assured shorthold tenancies:

  • They will normally be granted for a fixed term and
  • They will normally continue as a periodic tenancy if you remain in occupation after the fixed term has ended and pay rent which is accepted by the landlord

However:

  • 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 and section 21 notices will not apply)
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