Initial period of an assured short-hold tenancy

The assured short-hold tenancy does not require an initial fixed term although one may be agreed. This may be a fixed term of less than six months if the tenant agrees or the tenancy can be set up as a periodic tenancy from the outset. However, notwithstanding what is agreed, effectively assured short-hold tenants have a right to stay in the premises for a minimum period of 6 months, as under the section 21 possession procedure, a Judge cannot grant an order for possession to take effect during the first six months.

This means that even if a fixed term of less than six months or a periodic tenancy is agreed from the outset, there is not a guaranteed right to possession until the initial six months has expired (although if the initial term was less than six months there is no reason why proceedings for possession cannot be commenced during this period). Possession can also be sought during this initial period, or during a fixed term under some of the statutory grounds for possession in schedule 2 of the Housing Act 1988. See the Ending a Tenancy module for further details on these grounds.

During this initial six months period, assured short-hold tenants can also apply to have their rent reviewed by the Rent Assessment Committee, although very few actually do this. These rules do not apply to common law tenants. A common law tenancy can be forfeited (for example for non payment of rent) during the fixed term, and a landlord is entitled to recover possession as of right after the fixed term has expired. However, very few tenancies are common law tenancies and they cannot be created, save in the special circumstances set out in the section on Common Law Tenancies above.