Non Housing Act Tenancy Agreement Templates

Landlords should be aware of the different types of tenancy agreements that may apply when letting a property. The most common form of tenancy in the private rented sector is an assured tenancy under the Housing Act 1988. Following recent reforms, these tenancies are generally periodic by default. You can download a range of assured tenancy templates from Tenancy Agreement Templates for Residential Landlords.

An assured tenancy can only arise where the conditions set out in Section 1 of the Housing Act 1988 are satisfied. However, there are situations where a tenancy will not qualify as an assured tenancy, and a different form of agreement must be used.  

Non- Assured Tenancies

Schedule 1 of The Housing Act 1988 sets out the circumstances where a tenancy cannot be an assured tenancy. These include where:

• the annual rent exceeds £100,000 per annum;
• the tenant does not occupy the property as their only or principal home;
• the landlord is resident in the property and shares accommodation with the tenant; or
• the tenancy is granted to a company or other non-natural person

These agreements are sometimes referred to as "Non Housing Act Tenancies". 

What This Means In Practice

Where a tenancy falls outside the Housing Act 1988:

• Statutory tenancy protections may not apply;
• Tenancy deposit registration requirements may not apply;
• restrictions under the Tenant Fees Act 2019 may not apply;
• Possession is typically recovered under common law procedures, rather than using statutory grounds for possession

Choosing the Right Agreement 

Understanding the different types of tenancy is important to ensure the correct agreement is used. If you are unsure which type of tenancy applies to your situation, you should seek independent legal advice. 

Please choose from the list of options below:

• Contractual (Non-Assured Shorthold) Tenancy Agreements
• Company Let Tenancy Agreement Templates
• Lodger Licences to Occupy a Room in the Owner’s House
• Service Occupancy Agreement
• Domestic Garage and Car Parking Agreements

Non Housing Act Tenancy Agreement Templates is part of Property. Just £38.50 + VAT provides unlimited downloads from Property for 1 year.