Types of tenancy

Occupiers of residential property are either owners, licencees, tenants or trespassers.  Trespassers are occupiers without permission.  Licencees are generally occupiers with permission who do not have exclusive possession of the property, such as lodgers.  Tenants are occupiers with exclusive possession for a period of time for a rent.  As such, a tenancy is a short-term sale/conveyance of a property to the tenant(s).

Tenancies are usually for a fixed term.  At the end of the fixed term a statutory periodic tenancy normally arises.

Before the property is let the landlord must have the permission  of any mortgage company to rent the property out.  The landlord must also put the property into proper repair.  Once the property is let the landlord must keep it in proper repair, subject to any obligation on the tenant to maintain the property.

A tenancy can be created without a written tenancy agreement.  Under a tenancy the tenant(s) acquire an interest in the land.  Entry onto the property by the landlord or their agent without permission is a trespass, may amount to harassment of the tenant and may lead to the landlord being sued.  This is the case even if the tenant has not paid their rent or has otherwise breached any tenancy agreement.

Under the Housing Act 1988 residential tenants of private landlords are either assured tenants or assured shorthold tenants.

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