Assured Tenancy

An assured tenancy is a form of residential tenancy created by the Housing Act 1988, under which a tenant occupies a property as their only or principal home and the landlord is a private individual or company rather than a local authority or registered social landlord. The assured tenancy framework is the legal foundation for all private residential lets in England: it defines the rights and obligations of both landlord and tenant, sets out the grounds on which a landlord can recover possession, and provides the basis for the assured periodic tenancy that is now the default tenancy type for all new and existing private lets.

What qualifies as an assured tenancy?

Not every residential tenancy qualifies. The main exclusions under the Housing Act 1988 (Schedule 1) are:

  • annual rent above £100,000;

  • annual rent below £1,000 in London or £250 elsewhere;

  • tenancies where the tenant is a company rather than an individual;

  • holiday lets;

  • student halls of residence in the public sector;

  • agricultural tied tenancies; and

  • arrangements where the landlord lives in the same property and shares accommodation with the tenant (a lodger arrangement).

If a tenancy falls outside these exclusions and the tenant occupies the property as their only or principal home, it is an assured tenancy.

Security of tenure under an assured tenancy

The defining feature of an assured tenancy is that the landlord cannot simply choose to end it. A landlord can only recover possession by serving a Section 8 notice citing one of the statutory grounds for possession in Schedule 2 of the Housing Act 1988, and then applying to court if the tenant does not vacate.

Some grounds are mandatory, if proven, the court must grant possession. Mandatory grounds include serious rent arrears (three months or more under the Renters' Rights Act 2025 threshold), Ground 1A (where the landlord intends to sell the property), and Ground 1 (where the landlord or a close family member intends to occupy the property as their main home). Discretionary grounds include persistent rent arrears, breach of tenancy conditions, and anti-social behaviour, in these cases the court weighs the circumstances and decides whether to grant possession.

This security of tenure is what distinguishes an assured tenancy from an assured shorthold tenancy (AST). The AST allowed landlords to serve a Section 21 no-fault notice and recover possession without establishing any ground. The Section 21 route was abolished from 1 May 2026.

The assured periodic tenancy: the current default

The Renters' Rights Act 2025 made the assured periodic tenancy the only framework for new private residential lets in England from 1 May 2026. All existing ASTs converted to assured periodic tenancies on that date automatically, regardless of whether their fixed term had expired, and all new tenancies are assured periodic tenancies from the outset.

An assured periodic tenancy is open-ended and rolling, with no fixed end date and no fixed-term clause permitted. The maximum rent period is one month. Rent can only be increased via Section 13 notice, no more than once per year and with at least two months' notice, capped at the open market rate. Tenants who believe a proposed increase is above market rate can challenge it at the First-tier Tribunal.

From 1 May 2026, where a fixed-term tenancy did previously exist and came to an end, it would have created a statutory periodic tenancy, a rolling tenancy arising automatically on expiry of the fixed term. From 1 May 2026 this distinction is academic for new lets, since all new tenancies are periodic from the outset.

The practical implication of the assured periodic tenancy is that landlords need more active relationship management and stronger compliance infrastructure than the AST era required. August's compliance checklist and smart reminders are built for this: giving landlords a clear view of what needs to happen across every property, and when, so that compliance obligations do not fall through the cracks.

Assured tenancies in social housing

Assured tenancies are also granted by private registered providers of social housing — housing associations and similar bodies. These tenancies operate under the same Housing Act 1988 framework but with some differences in practice: social housing assured tenancies are often starter tenancies for new residents, converting to full assured tenancies after a probationary period. The possession grounds and Section 8 process apply in the same way. If you are a private landlord, your tenants will have assured tenancies (now in the form of assured periodic tenancies) rather than the secure tenancies used by local authorities, which operate under the Housing Act 1985.

For a complete practical guide to the assured periodic tenancy, what must be in the agreement, what you must provide before the tenancy starts, and how rent increases work, see our tenancy agreement template guide.

Frequently asked questions

Is my tenancy an assured tenancy? 

If you are a private landlord letting a property in England to an individual who uses it as their main home, the annual rent falls within the statutory thresholds, and you do not live in the property, your tenancy is almost certainly an assured tenancy. For new lets entered into on or after 1 May 2026, it is an assured periodic tenancy. For lets entered into before that date, it was an assured shorthold tenancy that automatically converted to an assured periodic tenancy on 1 May 2026.

What is the difference between an assured tenancy and a secure tenancy? 

A secure tenancy is the form of tenancy used by local authorities. It carries even stronger security of tenure and is governed by the Housing Act 1985 rather than the Housing Act 1988. Private landlords grant assured tenancies; local authority landlords grant secure tenancies. The two frameworks are separate and the rights attached to each differ in important respects.

Can I still agree a fixed end date in my tenancy agreement? 

No. From 1 May 2026, it is not possible to grant an assured tenancy with a fixed end date. Any clause in a new tenancy agreement purporting to set a fixed term is void and using one for a new let carries a civil penalty of up to £7,000. The tenancy must be periodic from the outset.

What should I do if I have a regulated tenancy? 

Regulated tenancies are older agreements created before January 1989, governed by the Rent Act 1977 rather than the Housing Act 1988. They carry very strong security of tenure and substantially different rules. If you have inherited a regulated tenancy, for example through purchasing a tenanted property, seek specialist legal advice. The rules are significantly different from those covering assured and assured periodic tenancies.

Last reviewed: May 2026 by the August editorial team. Reflects the law in England as at 1 May 2026, including the Renters' Rights Act 2025. Scotland and Wales operate separate legislative regimes.

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