Assured shorthold tenancies were created by the Housing Act 1988 in order to encourage property owners to rent out their properties. Until then the law made it so difficult for landlords to recover possession of their homes that fewer and fewer people were prepared to become landlords. The government therefore decided to create a type tenancy which would enable the landlord to let out their property for a fixed term and then recover possession as quickly and easily as possible.
Since 1988 the law has been updated to make it even easier for landlords to recover possession of assured shorthold tenancies. Restrictions on the landlord’s rights contained in the original 1988 Act were removed. The position today therefore is that where a Court is satisfied that a valid Notice of Seeking Possession has been served in relation to a valid assured shorthold tenancy and the fixed term of the tenancy and the period of the notice has expired the Court must make a possession order. This is a mandatory requirement which means that the Court has no power to make any other order regardless of the difficulties this might cause for the tenant.
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