Non Housing Act 1988 Tenancies

Tenancies excluded from the housing act 1988 - The housing act 1988 excludes certain types of lettings from the provisions and protection offered to tenants by assured and assured shorthold tenancies ASts. Although there is no act of parliament governing these tenancies the common law and contract law do give some structure and some acts do influence how landlords and tenants behave.

Law of Contract Agreements

If a tenancy is not a housing act tenancy, some sort of agreement is needed to make the tenancy official.
These agreements will simply be non housing act tenancy agreements, although they can also be referred to as;

- Law of contract agreements
- Company lets
- Resident landlord agreements etc.

Whatever name is used these agreements are created outside of the housing act and are contract, .e. agreements between two or more parties who have duties to do or not to do certain things. Like all contract they are recognised in court a one party can bring action against the other if they breach the contract.
With a non housing act tenancy, none of the provisions under the housing are applicable. This means you cannot serve a section 21 notice to end a tenancy. (because the section 21 notice forms part of the housing act 1988).
Most common types of non housing act tenancies

- Letting to Companies (Corporate Lets)
- Holiday lets
- Lettings by resident landlords
- Rents over £25,000 per year
- Premium leases
- Agricultural tenancies
- Rent Act 1977 tenancies

For more information or advice please call

0845 2 30 29 28