Assured Shorthold Tenancy (AST) vs Assured Tenancy
The legal differences between an assured shorthold tenancy (the post-1997 default for private rented residential property) and a full assured tenancy (conferring greater security of tenure).
Overview
The Housing Act 1988 created two main forms of private residential tenancy: the assured tenancy and the assured shorthold tenancy (AST). The AST became the default for new tenancies granted on or after 28 February 1997 (Housing Act 1996 s.96), and the vast majority of private residential tenancies in England and Wales are now ASTs. However, tenancies granted between 15 January 1989 and 27 February 1997 that were not specifically made ASTs are full assured tenancies — with significantly stronger security of tenure. The distinction also matters for landlords: an AST can be ended by a section 21 notice (no-fault eviction, though this is subject to pending reform under the Renters' Rights Bill 2024–25) or a section 8 notice (fault-based grounds). A full assured tenancy can only be ended by a section 8 notice on statutory grounds — the section 21 route is not available.
Side-by-Side Comparison
Assured Shorthold Tenancy (AST)
Pros
- Standard and well-understood — the vast majority of residential tenancies are ASTs
- Landlord can recover possession via section 21 (no-fault) notice after initial 6-month period
- Tenant has protection from unlawful eviction, right to 24 hours' notice for inspections, and implied repair covenants
- Tenancy deposit scheme protection applies (Housing Act 2004 ss.212–215)
Cons
- Less security of tenure than an assured tenancy — landlord can end it without fault after the fixed term
- Section 21 notice will be abolished if the Renters' Rights Bill 2024–25 is enacted — landlords should monitor reform progress
- Tenant cannot sublet without landlord consent (standard term)
- Landlord can increase rent via section 13 procedure (one increase per year)
Best For
Most private residential tenancies in England and Wales granted after February 1997 — the standard form used by private landlords.
Assured Tenancy
Pros
- Strong security of tenure — tenant cannot be evicted except on statutory grounds (HA 1988 Sch 2)
- Landlord's ability to increase rent is controlled by the First-tier Tribunal (Property Chamber)
- Tenant has the right to succession for a spouse or family member (HA 1988 s.17)
- Cannot be converted to an AST without the tenant's agreement (HA 1988 s.1)
Cons
- No section 21 no-fault route available — landlord must rely on one of the grounds in HA 1988 Sch 2
- Rarely granted today — must be specifically contracted for; most new grants are ASTs
- Landlord's commercial flexibility is significantly reduced compared to an AST
Best For
Tenants who hold a tenancy granted between 15 January 1989 and 27 February 1997 that was not an AST, or where an assured tenancy has been specifically agreed.
Key Differences
Our Recommendation
Most tenants and landlords will be dealing with ASTs. Tenants should check whether their tenancy pre-dates 28 February 1997 — if so, it may be a full assured tenancy with stronger security of tenure. Landlords should monitor the progress of the Renters' Rights Bill: once in force, the s.21 route will be abolished and all residential tenancies will effectively be governed by grounds-only possession, narrowing the current gap between ASTs and assured tenancies.