In a fix (2)?

Part 1 of this duo of articles looked at how the Localism Act 2011 (LA 2011) had amended the Housing Act 1985 (HA 1985) to create a new sub-species of the secure tenancy known as the flexible tenancy, which English local authorities have been able to grant since 1 April 2012. This article examines how English housing associations are given greater freedom to use fixed-term assured shorthold tenancies, due to changes in the regulatory framework. Although not technically “flexible tenancies”, as introduced by LA 2011, they share the key component of flexible tenancies in being a fixed-term tenancy, giving the landlord a mandatory right to possession at the end of the fixed-term.

Creating a fixed-term assured shorthold tenancy

A new statutory scheme is not required for housing associations because the Housing Act 1988 already allows landlords to grant fixed-term assured shorthold tenancies, with a mandatory right to possession. But the regulator, the Homes and