Permanent loss of assured status HA 1988 s. 15A
Sub-letting the whole dwelling or parting with possession of a social housing home causes permanent loss of assured tenancy status under HA 1988 s. 15A.
15A Subsection (2) applies if, in breach of an express or implied term of the tenancy, a tenant of a dwelling-house let under an assured tenancy to which this section applies— parts with possession of the dwelling-house, or sub-lets the whole of the dwelling-house (or sub-lets first part of it and then the remainder). The tenancy ceases to be an assured tenancy and cannot subsequently become an assured tenancy. This section applies to an assured tenancy— under which the landlord is a private registered provider of social housing or a registered social landlord, and which is not a shared ownership lease. In this section “ registered social landlord ” has the same meaning as in Part 1 of the Housing Act 1996. In this section “ shared ownership lease ” means a lease of a dwelling-house— granted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, or under which the lessee (or the lessee's personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This provision applies when a tenant of social housing breaches an express or implied term of their tenancy by sub-letting the whole dwelling-house or parting with possession of it. Under subsection (2), such an act causes the tenancy to immediately cease being an assured tenancy.
Once assured status is lost under this section, the tenancy cannot subsequently regain assured tenancy status under any circumstances.
This rule specifically governs tenancies where the landlord is a registered social landlord (defined under Part 1 of the Housing Act 1996) or a private registered provider of social housing. It explicitly excludes shared ownership leases.
When it applies
- A housing association tenant moves out completely and sub-lets the entire dwelling-house to another person in breach of their agreement.
- A tenant of a registered social landlord sub-lets part of the home to a sub-tenant and later sub-lets the remaining part, relinquishing whole possession.
- A social housing tenant hands over total possession and control of the dwelling-house to a family member while living elsewhere.
What this section does not say
- Sub-letting only a part of the dwelling-house while the primary tenant continues to reside in the remainder.
- Tenancies granted under a shared ownership lease calculated by reference to a percentage of value or cost.
- Unauthorised sub-letting by tenants whose landlord is a private individual rather than a registered social landlord.
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This page reproduces the text of HA 1988 s. 15A 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.