Please note that there is usually a process that leads a tenant from registering an interest in a property to the last stage of signing the lease. When a tenant finds a place to live, they often have to post a deposit. At this point, the property is withdrawn from the market, while the agents or the owner carry out background checks of the tenant. A lease cannot be a secured lease if it is one of the exceptions mentioned in the Housing Act 1988.  Common law tenants also enjoy protection under unfair terms in consumer Contracts Regulations 1999 if they have entered into a standard (pre-printed) lease agreement.  Paragraph 12a, sch.1 Housing Act 1988, inserted by sections 169(1) and 14 Immigration and Asylum Act 1999. The passage of the law marked a turning point for the UK rental market. It has given much more power to landlords than before and has been a courageous leap that perfectly illustrates the Thatcher government`s ideals towards greater free market autonomy in the rental sector. As I said before, the Housing Act 1988 created two types of tenancy. These are the secure shorthold rental and the guaranteed lease.
The guaranteed lease offers much greater rental security than the AST. If a lease is not a housing act 1988 lease, the agreement will simply be a non-housing act lease. These are contracts recognised by the courts and are not subject to any of the provisions of the Housing Act 1988.  Paragraph 2, sch.1 Housing Act 1988, as amended by Assured Tenancies (Amendment) (England) Order 2010 SI 2010/908 and Assured Tenancies (Amendment of Rental Threshold (Wales) Order 2011 SI 2011/1409 (W.169). In the event of a problem during the lease, the lessor may terminate the common law tenancy agreement if one of the conditions set out in the lease agreement has been breached. It is not limited to the conditions (reasons) prescribed by the Housing Act. Since common law leases are primarily contractual, the wording of the lease is particularly important. The lessor probably has significant powers if the tenant is late to rent according to the text of the contract or if these powers can be quite limited.. . . .