Check Your Occupation Type – Private

Answer 7:

Like company lets and resident landlord lets, these are all situations where the tenancy will be a common law ‘unregulated’ tenancy and not an assured or an assured shorthold tenancy.

The reason for this is that these are all tenancy types which the Housing Act 1988 (which set up the assured and assured shorthold tenancies), states cannot be an AT or AST in Schedule 1.

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)

Note that the ‘high rent’ figure of £100,000 was imposed in 2010 and now applies to all tenancies.  Before that, the figure was £25,000.

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