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An assured shorthold tenancy is the most common type of agreement used by landlords in England in the private rental sector to give tenants the right to live in the property.
The main difference between an assured and assured shorthold tenancy is that a section 21 notice can not be served with assured.
Schedule 1 of the Housing Act 1988 contains certain tenancies that cannot be assured or an assured shorthold tenancy agreement, such as resident landlords and tenancies where the rent payable is greater than £100,000 per annum.
A brief list of the exclusions are:
In addition to the exclusions contained in Schedule 1, a couple of other tenancies cannot be assured shorthold tenancy agreement because of how section 1 Housing Act 1988 is worded.
Virtually all the exclusions that relate to a private landlord mean that the tenancy will be a contractual tenancy, often referred to as a common law tenancy. An exclusion would be the case even if the landlord granted an assured shorthold tenancy because the law overrides the contract. It doesn't matter what label you put on a tenancy [Street v. Mountford [1985] 2 W.L.R. 877].