Housing Act 1996

The 1996 act came into force on 28 February 1997. It amended the housing act 1988 and made major changes to it;

- Tenancies created after 28 Feb 1997 are automatically ASTs not automatically assured tenancies as before
- A section 20 notice is no longer needed to create an AST
- To create an assured tenancy the tenant has to be advised in writing before the tenancy starts. No formal notice is needed and the wording could simply be included in the heading of the tenancy agreement

ASTs of less than 6 months can be created. However courts cannot grant possession until the tenancy has run for six months. If the tenant was properly served notice and refused to leave (unless of grounds for possession under Schedule 2 can be established)

This made residential tenancies more attractive for landlords and there has since been a boom in landlords buying residential property for investment purposes and using ASTs as the tenancy agreement.

For more information or advice please call

0845 2 30 29 28