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Non Assured Shorthold Tenancies.

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Under the Housing Act 1988, as amended by the Housing Act 1996, most residential tenancies are by default assured shorthold tenancies. However, there are several types of tenancies which fall outside the Housing Act 1988. Briefly these tenancies are:
 Where property is let to a company (PLC or LTD). This agreement should either list the permitted occupants or state the maximum number of permitted occupants.
 Where there is a resident landlord, occupying one of the flats in a converted building. If it is a purpose-built block of flats, such landlord would not be classed as a resident landlord.
 If the rental value exceeds 25,000 per annum, it would not be an assured shorthold tenancy.
 Holiday lets: however, this must be a genuine holiday let and not a sham.
 Where a property is let to a tenant who is renting the property not as his only or principal residence (e.g. employed away from home on contract, rents a house or flat in preference to using bed and breakfast facilities, but goes back home at weekends).
It should be noted that any deposit taken in respect of these non assured shorthold tenancies, will not be subject to the Tenancy Deposit Protection (TDP) scheme introduced in the Housing Act 2004.

12/05/2008 00:00

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