Non Housing Act Tenancy Agreement Templates

Landlords should be aware of the different types of tenancy agreements that may apply when letting a property.  While the most common form of tenancy in the private rented sector is an assured tenancy under the Housing Act 1988, not every residential letting is an assured tenancy.   

Non- Assured Tenancies

Under section 1 of the Housing Act 1988, a tenancy is only assured if the tenant is an individual who occupies the property as their only or principal home. 

A letting to a company or other non-natural person therefore cannot be an assured tenancy, nor can a letting to an individual who does not occupy the property as their only or principal home, such as a second home. 

Schedule 1 of the Housing Act 1988 also excludes certain other tenancies from being assured tenancies, including high-value lettings where the annual rent exceeds £100,000 and lettings by resident landlords. 

What This Means In Practice

Where a tenancy falls outside the assured tenancy regime under the Housing Act 1988, a different form of tenancy agreement should be used. These agreements are commonly referred to as Non-Housing Act Tenancies or contractual tenancies. 

In practice:

• The statutory security of tenure provisions applying to assured tenancies do not apply;
• The statutory tenancy deposit protection requirements may not apply;
• Restrictions under the Tenant Fees Act 2019 may not apply;
• Possession is not recovered using the statutory possession grounds that apply to assured tenancies. The landlord must still comply with the Protection from Eviction Act 1977, including a minimum notice period of four weeks. If the occupiers do not leave voluntarily a court order for possession will still be required.

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. 

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