Most tenancies created on or after 15th January 1989 will be assured tenancies, or more likely assured shorthold tenancies, a species of the former. The main difference between the two is the level of the tenant’s security of tenure. Where a tenant is in possession under an assured tenancy his landlord must prove one of a number of statutory grounds to obtain possession. However, in the case of an assured shorthold tenancy the landlord only has to show that the tenancy has come to an end and that the tenant has been given proper notice.
Assured shorthold tenancies have proved popular with landlords. Although a tenant may be able to apply to a rent assessment committee for a market rent, he does not acquire security of tenure; and a relatively straightforward procedure allows the landlord to obtain possession. However, the landlord is still required to obtain a court order before he can obtain possession.
As tenancy solicitors we advise on all aspects of assured tenancies but for clients who are landlords we are most frequently instructed to obtain possession.