The Basics

A tenancy is a short-term conveyance of a property to a tenant in exchange for rent.  The landlord sells the property for a period of time.  This is known as a fixed-term tenancy.  At the end of the fixed-term the tenant can vacate, the landlord can seek possession or the tenancy can be allowed to continue.  Where the tenancy continues and no new agreement is signed this is known as a periodic tenancy.

The period of a periodic tenancy is based upon when the rent is payable, i.e. weekly, monthly etc...  A periodic tenancy can continue indefinitely.  The terms of the tenancy are the same as the original fixed-term tenancy, but without the fixed term.

In many respects the tenant is treated as the owner of the property during the tenancy.  This means the landlord is not entitled to enter the property without the tenant's permission, even if it would be a breach of the tenancy agreement for the tenant to refuse.  Also, unless the tenant voluntarily vacates the property, the landlord must recover possession through the courts.

The tenants' rights are protected under the Housing Act 1988 and/or the Housing Act 1996.  This seeks to set a balance between respecting the position of the landlord while protecting the tenant from unscrupulous landlords.  However, much of the legislation does not apply if the property is let to a company as opposed to an individual or individuals.

Where more than one tenant signs the tenancy agreement they are normally jointly and severally liable for the rent and any breach of the tenancy.  This means the landlord can sue any or all of them in the event of breach.

If a tenant dies then the tenancy may pass to a joint tenant.  Certain tenancies carry succession rights, which mean the tenancy will pass to their spouse or a member of their family.

Tenancies must be distinguished from licences.  Licensees have much fewer legal rights and can often be evicted without a court order.  A classic example is a lodger.

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