After section 19A of the Housing Act 1988

  • 17 Dec 2015

It’s a nightmare of a document to try & read through, but tucked away & labelled NC22 is this proposing all AST’s will have a mandatory minimum 3 yr period from 2018.  I know this has been touted before, but I wasn’t aware it was actually being slipped in the bill.  Its followed by a section introducing the need for landlords to carry out an electrical safety check too.

“Security of tenure

After section 19A of the Housing Act 1988 insert—

“Section 19B: minimum length of certain assured shorthold tenancy


Any assured shorthold tenancy (other than one where the landlord is a private registered provider of social housing) granted on or after April 1, 2018 must be for a fixed term of at least thirty six months. It is an implied, term of such a tenancy that the tenant may terminate the tenancy by giving two months’ written notice to the landlord.”


In section 21 Housing Act 1988 insert—

“(4ZA) In the case of a dwelling-house in England no notice under subsection (4) may be given for thirty six months after the beginning of the tenancy.””

Member’s explanatory statement 

This amendment would prevent private sector landlords from using the ‘notice only’ grounds for possession for the first three years of a tenancy, without affecting the rights of tenants to give notice and leave the tenancy early.