This page contains details of cases dealing with:
For the restrictions that apply to service of s21 notices where the requirements of the tenancy deposit scheme have not been complied with go to the Tenancy deposit page.
- Rent thresholds for shortholds;
- Notices excluding tenancies from being shortholds;
- Tomlin orders purporting to convert shorthold into standard assured tenancy;
- Turning a shorthold into a fully assured tenancy by mistake.
Rent threshold increase
The Assured Tenancies (Amendment)(England) Order 2010
The rent threshold for assured tenancies (and therefore of course, assured shortholds) increased from £25,000 to £100,000 on 1 October 2010. This means that on or after that date a tenancy under which the rent payable for the time being exceeds £100,000 will not be assured (see Housing Act 1988, Schedule 1, para 2(1)(b) as amended by this instrument). If the rent for the time being is £100,000 or less (on or after 1 October 2010) it will be assured (assuming of course all the other statutory requirements for an assured tenancy apply).
Note that it is not the date the tenancy commences that matters (as long as it was entered into after 1 April 1990: para 2(1)(b) of Schedule 1 to the 1988 Act); and the tenancy can go in and out of the Act if rent changes. Thus, if the tenancy is assured at one stage during the tenancy because the rent does not exceed that figure (£25,000 now, £100,000 from 1 October) it will cease to be assured if the rent does subsequently exceed that figure. However, note that it is not possible to use a rent review provision at the end of the term deliberately to avoid the Act: Bankway Properties Ltd v Penfold-Dunsford  EWCA Civ 528.
Tenancies created on or after 28 February 1997
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