Does It Matter When My Lease Began?

It can be crucial! Following the introduction of assured shorthold tenancies in 1988, many landlords and some agents did not comply with the strict requirement to serve the tenant with a Section 20 notice advising them that the tenancy was an assured shorthold. Despite everyone signing documents titled ‘assured shorthold tenancies’, unless the Section 20 Notice that the tenancy was an assured shorthold was served before the tenancy agreement was signed, the tenancy created was in fact a straightforward assured tenancy, with extensive security of tenure inadvertently given to the tenants, often without either party realising what they had accidentally created – let alone just been handed on a golden plate.

Recognising the problem, revisions were put in place for all tenancies starting on or after 28 February 1997, and now, unless otherwise quite specifically stated in writing, all tenancies (within the framework – i.e. the overwhelming majority) are automatically assured shorthold tenancies.