Check Your Occupation Type – Private

Answer 6:

As you have a ‘resident landlord’ you will not have an assured or assured shorthold tenancy.  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 AT or AST 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 and assured shorthold tenancies:

  • They will normally be granted for a fixed term and
  • 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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