What is an assured tenancy?

An assured tenancy is defined as a tenancy of a house that is let prior to 1st December 2017, as a separate dwelling to an individual who is a sole tenant, or to joint tenants, and where the tenant or at least one of the joint tenants occupies the house as their only or principal home. [1]

The common law requirements for the creation of a lease must be satisfied. Please see the page on leases for information on these requirements.

The word 'house' includes part of a house, for example a single room within a house, or flats within a house. [2] Where the accommodation is partly used for business, this will not necessarily stop it from being viewed as a house. [3] Mobile homes are not covered by the assured tenancy regime: specific legislation governs their security of tenure. [4] Please see the section on mobile homes for more information.

The accommodation does not need to be a self-contained unit, but the tenant must have exclusive occupation of some part of it. [5] In terms of the Housing (Scotland) Act 1988, 'house' includes part of a house. [6] For example, a tenant of a house in multiple occupation who pays rent for the exclusive use of a bedroom and the shared use of kitchen and bathroom facilities with persons other than the landlord will be an assured tenant. Where the tenant shares living accommodation with the landlord, s/he is not an assured tenant.

In contrast to regulated tenancies, companies cannot hold assured tenancies. However, it is entirely possible for a joint assured tenancy to exist, as long as one of the tenants is an individual. [7]

This does not mean that the tenant must live in the accommodation all the time, only that it is their principal home. In Roxburgh DC v Collins [8] it was held that the correct question to ask is, "did the person concerned have a real, tangible and substantial connection with the housing in question"?

The case in question involved a son who lived with his mother, but moved to London to find work. For six years he lived in a lodging house in London, but kept most of his possessions in his old bedroom in his mother's home. He came home and used his room during the Christmas, Easter and summer holidays. He also kept a bank account in his mother's town and did not change his GP. He successfully claimed that his only or principal home was with his mother. In an English case under equivalent legislation, a tenant who lived for over a year at his girlfriend's house was still held to be occupying his council property as his 'principal home'. [9]

A tenant will still be regarded as occupying their home even if they are temporarily absent, so long as there are physical signs of their presence in the home and they have an intention to return to the property. [10] Advisers should note that there is no equivalent under the assured tenancy regime to the abandonment process provided for under the Scottish secure tenancy regime. [11] Accordingly, where the tenant is an assured or statutory assured tenant, a court order must be sought before the landlord can recover possession. [12]

Where a joint tenancy exists, one of the joint tenants needs to fulfil the condition of occupying the house as their only or principal home.