Shared accommodation deemed assured tenancy HA 1988 s. 3
Separate accommodation deemed assured tenancy when tenant shares other rooms with non-landlord. Terms changing shared living accommodation are void.
Where a tenant has the exclusive occupation of any accommodation (in this section referred to as “the separate accommodation”) and— the terms as between the tenant and his landlord on which he holds the separate accommodation include the use of other accommodation (in this section referred to as “ the shared accommodation ”) in common with another person or other persons, not being or including the landlord, and by reason only of the circumstances mentioned in paragraph (a) above, the separate accommodation would not, apart from this section, be a dwelling-house let on an assured tenancy, the separate accommodation shall be deemed to be a dwelling-house let on an assured tenancy and the following provisions of this section shall have effect. For the avoidance of doubt it is hereby declared that where, for the purpose of determining the rateable value of the separate accommodation, it is necessary to make an apportionment under Part II of Schedule 1 to this Act, regard is to be had to the circumstances mentioned in subsection (1)(a) above. While the tenant is in possession of the separate accommodation, any term of the tenancy terminating or modifying, or providing for the termination or modification of, his right to the use of any of the shared accommodation which is living accommodation shall be of no effect. Where the terms of the tenancy are such that, at any time during the tenancy, the persons in common with whom the tenant is entitled to the use of the shared accommodation could be varied or their number could be increased, nothing in subsection (3) above shall prevent those terms from having effect so far as they relate to any such variation or increase. In this section “ living accommodation ” means accommodation of such a nature that the fact that it constitutes or is included in the shared accommodation is sufficient, apart from this section, to prevent the tenancy from constituting an assured tenancy of a 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 section applies when you rent a flat or room (the separate accommodation) and your tenancy gives you the right to use other rooms (the shared accommodation) together with people who are not your landlord. Normally, sharing like that might stop your separate accommodation counting as an assured tenancy. This section overrides that: it says the separate accommodation is treated as an assured tenancy.
While you are living in the separate accommodation, any clause in your tenancy that tries to take away or change your right to use the shared living accommodation has no legal effect. Living accommodation means the shared rooms that, if not for this section, would prevent the tenancy from being assured.
However, if your tenancy originally allowed the landlord to vary who shares or to increase the number of sharers, then those terms are still valid and can be used. Also, when working out the rateable value of the separate accommodation, the fact that you share other rooms is taken into account.
When it applies
- You rent a bedroom in a shared house and have exclusive use of that room, but you share the kitchen and bathroom with two other tenants; the landlord lives elsewhere.
- Your tenancy includes a self-contained flat but you also have the right to use a shared garden or laundry room with other tenants.
- Your landlord tries to remove your right to use the shared living room after you have moved in – this section makes that change void.
- Your tenancy agreement says the landlord can introduce new people to share the living room; that term is allowed and can be enforced.
What this section does not say
- This section does not apply if the shared accommodation is shared with the landlord himself.
- It does not apply if the separate accommodation would not be a dwelling-house for reasons unrelated to sharing.
- It does not stop the landlord from changing who shares the accommodation if the original tenancy terms allowed such variation.
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This page reproduces the text of HA 1988 s. 3 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.