Tenancy

Tenancy

This topic explains the types of tenancies used in England and Wales. The type of tenancy provides the legal framework for the respective rights and responsibilities of each party.

The focus of this topic is primarily on social housing provision. Practice Note: Main differences—secure, introductory and flexible tenancies sets out the primary differences between the various types of social housing tenancy, including the term and status of the tenancy, the type of landlord, and the right to buy. However, increasingly, local housing authorities (LHAs) are discharging their homelessness duties, pursuant to the Housing Act 1996, by arranging a private rented sector (PRS) offer to end their main housing duty—see Practice Note: A summary of types of private residential tenancies, which explains the fundamentals of private sector agreements.

Tenancies provided by LHAs

Tenancies provided by LHAs will generally be:

•
secure
•
flexible
•
introductory

When bringing a possession action, the type of tenancy will determine which notices need to be served, which procedures are to be followed, and which (if any) statutory regime applies to protect the tenant's occupation.

Secure tenancy

Secure tenancies are the most common form

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