Assured tenancy: only or principal home rule: HA 1988 s. 1
Under HA 1988 s. 1, an assured tenancy requires a dwelling-house in England let to an individual occupying it as their only or principal home, unless excluded.
Official text
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HA 1988 s. 1 — United Kingdom
A tenancy under which a dwelling-house in England is let as a separate dwelling is for the purposes of this Act an assured tenancy if and so long as— the tenant or, as the case may be, each of the joint tenants is an individual; and the tenant or, as the case may be, at least one of the joint tenants occupies the dwelling-house as his only or principal home; and the tenancy is not one which, by virtue of subsection (2) or subsection (6) below, cannot be an assured tenancy. Subsection (1) has effect subject to section 15A (loss of assured tenancy status). Subject to subsection (3) below, if and so long as a tenancy falls within any paragraph in Part I of Schedule 1 to this Act, it cannot be an assured tenancy; and in that Schedule— “ tenancy ” means a tenancy under which a dwelling-house is let as a separate dwelling; Part II has effect for determining the rateable value of a dwelling-house for the purposes of Part I; and Part III has effect for supplementing paragraph 10 in Part I. The Secretary of State may by order replace any amount referred to in paragraphs 2 and 3A of Schedule 1 to this Act by such amount as is specified in the order; and such an order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. Except as provided in Chapter V below, at the commencement of this Act, a tenancy— under which a dwelling-house was then let as a separate dwelling, and which immediately before that commencement was an assured tenancy for the purposes of sections 56 to 58 of the Housing Act 1980 (tenancies granted by approved bodies), shall become an assured tenancy for the purposes of this Act. In relation to an assured tenancy falling within subsection (3) above— Part I of Schedule 1 to this Act shall have effect, subject to subsection (5) below, as if it consisted only of paragraphs 11 and 12; and sections 56 to 58 of the Housing Act 1980 (and Schedule 5 to that Act) shall not apply after the commencement of this Act. In any case where— immediately before the commencement of this Act the landlord under a tenancy is a fully mutual housing association, and at the commencement of this Act the tenancy becomes an assured tenancy by virtue of subsection (3) above, then, so long as that association remains the landlord under that tenancy (and under any statutory periodic tenancy which arises on the coming to an end of that tenancy) , paragraph 12 of Schedule 1 to this Act shall have effect in relation to that tenancy with the omission of sub-paragraph (1)(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 1 decides which lettings the rest of the Housing Act 1988 protects, and it does so with three conditions that must all hold at the same time. The dwelling-house in England must be let as a separate dwelling; the tenant, or each joint tenant, must be an individual rather than a company; and the tenant, or at least one joint tenant, must occupy it "as his only or principal home". The words "if and so long as" matter: this is not a status fixed at the start. A tenant who moves out permanently and keeps the keys can stop satisfying the occupation condition, and the protection falls away with it.
The third condition is negative and it does most of the exclusion. A tenancy cannot be assured if it falls within any paragraph of Part I of Schedule 1. That Schedule, not this section, is where the familiar exceptions live: lettings by a resident landlord, holiday lettings, tenancies at a very high or very low rent, business tenancies, lettings by local authorities, and certain student lettings. Anyone asking "is my letting assured" is really asking a Schedule 1 question.
Two boundary points are worth stating plainly. "Let as a separate dwelling" points at a tenancy, so a licence to occupy - a genuine lodger arrangement, hostel accommodation - is outside from the start, whatever it is called on paper. And the section is confined to a dwelling-house in England: residential lettings in Wales are governed by the occupation contract regime in the Renting Homes (Wales) Act 2016 rather than by this Act.
When it applies
Working out whether a letting is assured before looking at any of the possession rules.
A tenant who has moved abroad for work and is arguing the property is still their principal home.
A company let where the occupier is an employee rather than the tenant.
A lodger living with the owner, where the resident landlord exception is in play.
A letting in Wales where the parties are looking at the wrong statute entirely.
What this section does not say
×It does not list the exceptions. Those are in Part I of Schedule 1, and that is where most "is my tenancy assured" questions are actually answered.
×It does not apply in Wales. The section is framed around a dwelling-house in England; Welsh residential lettings sit under the Renting Homes (Wales) Act 2016.
×It does not turn a licence into a tenancy. If the occupier has no tenancy - a genuine lodger, a hostel resident - the section never engages.
×It does not protect a company tenant. Subsection (1)(a) requires the tenant, or each joint tenant, to be an individual.
×It does not fix the status permanently. The conditions apply "if and so long as" they are met, so protection can be lost if the property stops being the tenant's only or principal home.
Worked examples
Invented situations, written to show how the wording bites. They are not real cases, not judgments and not precedent, and nothing here predicts what would happen in yours.
Illustrative example
A tenant takes a six-month contract in another city and stays at a relative's home for most of the week, returning to the rented flat at weekends. The landlord says that because they have been away so much they no longer have a proper tenancy.
How the wording applies
The three conditions in subsection (1) apply 'if and so long as' they are met, so assured status is not fixed at the start - it can be lost. The condition in play is occupation as the tenant's only or principal home, and the fact it turns on is not how many nights were spent there but whether the flat remained the tenant's principal home: belongings left, post redirected or not, intention to return, and whether anywhere else has taken over that role.
How the parties settled it
Both agree in writing that the flat remains the tenant's principal home for the duration of the contract, with the rent paid in full and the landlord given notice if the arrangement is to become permanent.
Illustrative example
Someone rents a room in a house where the owner also lives, sharing the kitchen and bathroom. After a falling-out the occupier is told to leave within a week and wants to know what protection they have.
How the wording applies
Subsection (1) sets three positive conditions, but most 'is my letting assured' questions are really Schedule 1 questions, and the resident landlord exception lives there rather than in this section. The fact that decides it is whether the owner genuinely occupies part of the same building as their only or principal home - and, before that, whether the occupier has a tenancy at all rather than a licence, because a genuine lodger is outside the Act from the start.
How the parties settled it
The two agree a four-week departure date with the deposit returned in full on the day the room is handed back, and the owner agrees to provide a reference.
Illustrative example
A company takes a letting for one of its employees, who lives in the flat with their family. When the employment ends, the family are told the flat goes with the job.
How the wording applies
Subsection (1)(a) requires the tenant, or each joint tenant, to be an individual, which a company is not. The fact that decides the family's position is therefore who the tenant is on the agreement rather than who lives there: where the company is the tenant the letting is not assured, however long the family has occupied. That does not leave them without any protection, but it comes from elsewhere.
How the parties settled it
The company agrees to a three-month wind-down at the same rent so the family can find somewhere, and the family agree a fixed handover date at the end of it.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of HA 1988 s. 1 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.