Commentary Section 6: Loss of assured status
26.A secure tenant who sub-lets or parts with possession of the whole property will cease to be a secure tenant and cannot regain secure status by moving back into the property. The loss of secure status means that the landlord may end the tenancy by giving notice and this makes possession proceedings simpler. As the law stands, assured tenants who sub-let or part with possession of the whole property will not have assured status during this period, as the property is not the tenant’s only or principal home, but the tenant may regain assured status by moving back into the property.
27.Section 6 ensures that PRP and RSL assured tenants will lose assured status permanently if they sub-let or part with possession of the whole property in breach of their tenancy agreement. This puts those tenants on equal footing with secure tenants. This section does not apply to PRP and RSL leaseholders with shared ownership leases.