Rules for older assured shorthold tenancies HA 1988 s. 20
Under HA 1988 s. 20, older assured shorthold tenancies require a fixed term of not less than six months, no early break clause, and prior written notice.
Subject to subsection (3) below, an assured tenancy which is not one to which section 19A above applies is an assured shorthold tenancy if— it is a fixed term tenancy granted for a term certain of not less than six months, there is no power for the landlord to determine the tenancy at any time earlier than six months from the beginning of the tenancy; and a notice in respect of it is served as mentioned in subsection (2) below. The notice referred to in subsection (1)(c) above is one which— is in such form as may be prescribed; is served before the assured tenancy is entered into; is served by the person who is to be the landlord under the assured tenancy on the person who is to be the tenant under that tenancy; and states that the assured tenancy to which it relates is to be a shorthold tenancy. Notwithstanding anything in subsection (1) above, where— immediately before a tenancy (in this subsection referred to as “ the new tenancy ”) is granted, the person to whom it is granted or, as the case may be, at least one of the persons to whom it is granted was a tenant under an assured tenancy which was not a shorthold tenancy, and the new tenancy is granted by the person who, immediately before the beginning of the tenancy, was the landlord under the assured tenancy referred to in paragraph (a) above, the new tenancy cannot be an assured shorthold tenancy. Subject to subsection (5) below, if, on the coming to an end of an assured shorthold tenancy (including a tenancy which was an assured shorthold but ceased to be assured before it came to an end), a new tenancy of the same or substantially the same premises comes into being under which the landlord and the tenant are the same as at the coming to an end of the earlier tenancy, then, if and so long as the new tenancy is an assured tenancy, it shall be an assured shorthold tenancy, whether or not it fulfils the conditions in paragraphs (a) to (c) of subsection (1) above. Subsection (4) above does not apply if, before the new tenancy is entered into (or, in the case of a statutory periodic tenancy, takes effect in possession), the landlord serves notice on the tenant that the new tenancy is not to be a shorthold tenancy. Subsections (3) and (4) above do not apply where the new tenancy is one to which section 19A above applies In the case of joint landlords— the reference in subsection (2)(c) above to the person who is to be the landlord is a reference to at least one of the persons who are to be joint landlords; and the reference in subsection (5) above to the landlord is a reference to at least one of the joint landlords. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
Section 20 sets out the rules for establishing an assured shorthold tenancy under the original statutory scheme, before section 19A introduced automatic shorthold status. To qualify under this provision, the tenancy must be a fixed-term tenancy granted for a term certain of not less than six months.
The tenancy agreement must not give the landlord any power to end the tenancy earlier than six months from its start. In addition, the prospective landlord must serve a formal prescribed notice on the prospective tenant before the tenancy is entered into, explicitly stating that the tenancy is to be a shorthold tenancy.
If the tenant held a full assured tenancy with the landlord immediately before the new agreement, subsection 3 prevents the new grant from being a shorthold tenancy. However, under subsection 4, if a valid shorthold tenancy comes to an end and a replacement tenancy for the same premises is created between the same parties, it automatically remains a shorthold tenancy unless the landlord serves notice under subsection 5 stating otherwise.
When it applies
- A tenant claims their old tenancy is a full assured tenancy because the landlord failed to serve a section 20 notice before the agreement was signed.
- A landlord attempts to establish a shorthold tenancy where the initial fixed term was granted for less than six months.
- A landlord and tenant grant a replacement tenancy for the same flat without serving a new notice, and dispute whether shorthold status continues under subsection 4.
- A landlord attempts to grant a shorthold tenancy to an existing tenant who held a full, non-shorthold assured tenancy immediately before the new agreement.
What this section does not say
- Assured shorthold tenancies created automatically without a notice requirement, which fall under section 19A.
- The legal procedures and notice requirements for recovering possession of a property.
- Landlord obligations to provide written statements of tenancy terms.
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This page reproduces the text of HA 1988 s. 20 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.