Housing Act 1988

요약

The Housing Act 1988 fundamentally reformed the private rented sector in England and Wales by introducing assured and assured shorthold tenancies. It effectively deregulated private sector rents and replaced the previous system of regulated tenancies under the Rent Act 1977 with a market-based approach. The Act also transferred housing association tenancies to the assured tenancy regime and enabled the creation of Housing Action Trusts.

핵심 포인트

• Introduced assured tenancy as the standard form of private sector residential tenancy (s.1)
• Assured shorthold tenancy (AST) became the default tenancy after the Housing Act 1996 (s.19A)
• Section 21 — landlord's right to recover possession of an AST without proving a ground (s.21)
• Section 8 — landlord may seek possession on specified grounds including rent arrears (s.7–s.8)
• Tenant's right to have a fair rent determined by rent assessment committee (s.13–s.14)
• Mandatory and discretionary grounds for possession set out in Schedule 2
• Succession rights for the spouse or civil partner of a deceased assured tenant (s.17)
• Assured tenancies — Provide security of tenure; landlord can only obtain possession on specified grounds (Schedule 2)
• Assured shorthold tenancies (ASTs) — The default form of tenancy since 1997. Landlord has a mandatory ground for possession after the fixed term expires (s.21, now being reformed)
• Section 21 notice — Enables landlords to regain possession without proving fault (no-fault eviction). Being reformed by the Renters' Reform Bill
• Section 8 notice — Landlord must prove a ground for possession (rent arrears, antisocial behaviour, etc.)
• Grounds for possession — Mandatory grounds (court must grant possession) and discretionary grounds (court may grant if reasonable)
• Tenancy deposits — The Housing Act 2004 later required deposits to be held in approved schemes

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