header-logo header-logo

13 July 2012 / Jon Holbrook
Issue: 7522 / Categories: Features , Landlord&tenant , Property
printer mail-detail

In a fix (2)?

107720910_4

In the second of two articles, Jon Holbrook considers fixed-term assured shorthold tenancies for housing associations

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

DAC Beachcroft—Kirstie Pike & Simy Khanna

DAC Beachcroft—Kirstie Pike & Simy Khanna

DAC Beachcroft further builds national Professional Liability practice, hiring two partners in Bristol

NEWS
A child’s views can be taken into account during international child abduction proceedings, the Supreme Court has held
Small and medium-sized law firms have urged regulators to pause plans to exclude owner-managers from compliance officer roles
Lawyers have raised the alarm on employment tribunal delays and backlogs, with some cases facing a three-year wait for a hearing
The controversial assisted dying Bill has drawn to a halt after MPs defeated it by 286 votes to 270
MPs have called for legislation to protect against the human rights risks of artificial intelligence (AI)
back-to-top-scroll