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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. 

Please choose from the list of options below:

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

Frequently Asked Questions

My letting is not a normal assured tenancy. Does the Renters' Rights Act still apply to it? +
If the letting is genuinely outside the Housing Act 1988, no. Non-Housing-Act tenancies such as company lets, high-rent lettings and resident-landlord arrangements were never assured tenancies, so they did not convert to assured periodic tenancies when the Renters' Rights Act took effect on 1 May 2026. They run on their contract and the common law. Do not assume a letting is outside the Act just because it is labelled so.
When does a letting fall outside the Housing Act 1988? +
Schedule 1 to the Housing Act 1988 lists the tenancies that cannot be assured. The main ones are lettings where the annual rent exceeds £100,000, where the tenant does not occupy as their only or principal home, where there is a resident landlord and where the tenant is a company or other non-natural person. If your letting fits one of these you need a non-Housing-Act agreement, not an assured tenancy.
How do I get possession of a tenancy that is outside the Housing Act? +
Not through section 8. Because the tenancy is not assured, the statutory possession grounds and the old section 21 never applied to it. You end it by serving a notice to quit under the contract and the common law, then, if the tenant does not leave, applying to the county court for a possession order. Never remove a tenant yourself, which is a criminal offence.
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