Housing Act 1988

Under the Housing Act 1988 residential tenants of private landlords are either assured tenants or assured shorthold tenants. These are very similar, however the main difference is that an assured shorthold tenancy can be brought to an end by giving at least 2 months notice. The notice must be served after the commencement of the tenancy and cannot expire during the fixed term and must end at the end of a period of the tenancy. The fixed term has to be for at least 6 months and there must be no general right to terminate the tenancy within 6 months of the beginning of the tenancy. Almost all private residential tenancy agreements nowadays are assured shorthold tenancies. They provide no long-term security for the tenant and are subject to minimal rent control, which is why landlords generally like them.

Access to the Property

Under a tenancy, the tenant(s) acquire an interest in the land and in many respects is treated as the owner of the property during the tenancy. Entry onto the property by the landlord or their agent without permission is a trespass, even if it would be a breach of the tenancy agreement for the tenant to refuse, and may amount to harassment of the tenant and could lead to the landlord being sued. This is the case even if the tenant has not paid their rent or has otherwise breached the tenancy agreement. Also, unless the tenant voluntarily vacates the property, the landlord must recover possession through the courts using the most relevant grounds to their situation.

Tenants Rights

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.

Tenant Fees Act 2019

This Act bans the majority of letting fees and caps tenancy deposits paid by tenants in private rented properties in England. It applies to all new or renewed tenancy agreements signed on, or after 1st June 2019. The government guidance helps explain how this legislation affects landlords, letting agents and tenants. This Act was brought in to bring transparency to the costs tenants were facing at the outset of a tenancy. Many of these costs, which were generally charged by letting agents, are now being paid by landlords and it is thought this will help to bring economic value to the service given by agents

From 1 June 2019, the only payments landlords (or letting agents) can charge tenants in relation to new tenancy agreements are:

• Rent
• A refundable deposit which must be held in a government approved tenancy deposit scheme and is capped at no more than 5 weeks’ rent (where the total annual rent is less than £50,000), or 6 weeks’ rent (where the total annual rent is £50,000 or above).
• A refundable holding deposit (to reserve a property) capped at no more than 1 week’s rent
• Payments associated with early termination of the tenancy, when requested by the tenant
• Payments capped at £50 (or reasonably incurred costs, if higher) for the variation, assignment or novation of a tenancy
• Payments in respect of utilities, communication services, TV licence and Council Tax
• A default fee for the late payment of rent, a fee for the replacement of a lost key/security device which gives access to the property, where required under the tenancy agreement

Joint Tenancy

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.

Succession Rights

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.

Tenancy v Licences

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.