Summary of changes introduced by the

The Housing Act 1996 to the Housing Act 1988 - from 28 February 1997:

to set up a shorthold tenancy with a new tenant on or after 28 February 1997, the landlord no longer needs to serve a Section 20 notice on the tenant before the tenancy starts saying that it will be on shorthold terms. All tenancies are automatically shorthold tenancies unless the landlord follows the procedure for setting up an assured tenancy ;

to set up an assured tenancy with a new tenant on or after 28 February 1997, the landlord must either serve a notice on the tenant saying that the tenancy is not a shorthold tenancy or include a statement to that effect in the tenancy agreement. The notice does not have to he given on a special form ;

a shorthold tenancy set upon or after 28 February 1997 no longer has to have an initial fixed term. The tenancy can be on a contractual periodic basis from the outset. However, shorthold tenants retain the right to stay in the property for an initial 6 months ;

tenants with shorthold tenancies starting on or after 28 February 1997 have a right to ask for a written statement of the main details of the tenancy agreement if they have no existing written agreement or statement ;

if the landlord serves notice on or after 28 February 1997 requiring possession of a shorthold tenancy at the end of the fixed term, the notice must be in writing. It does not need to be on a special form .

tenants with shorthold tenancies starting on or after 28 February 1997 can only refer their rent to a rent assessment committee within 6 months of the beginning of the original tenancy.

tenants with shorthold tenancies which started or were agreed before 28 February 1997 can still refer to a committee at any time during the initial fixed term of the tenancy which maybe for longer than 6 months

The following changes to the grounds for possession apply from 28 February 1997 to all assured and shorthold tenancies regardless of when they started:

the landlord can now seek possession under ground 8 if the tenant has at least 2 months' rent arrears (rather than 3 months) if the rent is paid monthly or8 weeks' rent arrears (rather than 13 weeks) ii the rent is paid weekly;

ground 14 has been strengthened so possession can he sought where the tenant, or someone living in or visiting the property:
- has caused, or is likely to cause, a nuisance or annoyance to someone living in or visiting the locality;
- has been convicted of using the property, or allowing it to be used, for immoral or illegal purposes, or an arrest able offence committed in the property or the locality;

the landlord can start court proceedings as soon as he or she has served notice that he or she intends to seek possession under ground 14;

a new ground, 17, allows the landlord to seek possession if he or she was persuaded to grant the tenancy on the basis of a false statement by the tenant or someone acting at the tenant's instigation.