Private residential tenancies

Assured and assured shorthold tenancies

For details of these types of tenancy, see: Assured and assured shorthold tenancies—overview.

Rent Act tenancies

Private tenancies granted before 15 January 1989 are likely to be governed by the Rent Act 1977 (RA 1977) (as will new tenancies granted after that date to an existing Rent Act tenant by the same landlord).

Rent Act tenants will be known as protected tenants if they are occupying within a fixed or periodic term, or statutory tenants if they are in occupation following termination of the fixed or periodic term.

Rent Act tenants benefit from:

•
rules for setting fair rents—there is a limit that can be charged which is linked to the retail prices index. Once the rent has been set by a Rent Officer and registered it is fixed and cannot be re-registered

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Latest Property Disputes News

Was the tenant’s intention to return to the property as an owner sufficient to satisfy the ‘tenant condition’ (Hackney London Borough Council v Weintraub)

Local Government analysis: This judgment is another in a string of decisions concerning the interpretation of the tenant condition. The issue in this case was narrower than in previous hearings. Hackney appealed the previous judgment of Mr Justice Zacaroli made in April 2024. Hackney appealed on the basis that an intention to return to the property as an owner cannot satisfy the ‘tenant condition’. The judge in this case disagreed with such an assertion and the appeal was dismissed. There were other elements to the appeal, but those fell by the wayside. The Judge held that the tenancy condition can be satisfied even where the tenant does not intend to return to the premises as a tenant. It was held that there is no suggestion within the legislative provision that a return as a tenant is required. The condition remains satisfied if a tenant intends to return in any capacity, as long as this can be measured and shown against objective ascertained fact. Written by Clive Adams, head of Housing Management at Birketts LLP.

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Property Disputes weekly highlights—19 December 2024

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Tenant Fees Act 2019—check-out challenge fails (Switaj v McClenaghan)

Property Disputes analysis: the Court of Appeal addressed whether tenancy fees can amount to prohibited payments under the Tenant Fees Act 2019 (TFA 2019) even though they were paid prior to the Act taking effect. The tenant sought to defend proceedings for possession by relying upon a tenancy check-out fee which had been charged with the original tenancy in 2018, arguing that the fee held-over to subsequent replacement tenancies and became a prohibited payment post-TFA 2019. The appeal relied by analogy on the position with deposits where a deposit is notionally treated as being repaid upon replacement tenancies (Superstrike v Rodrigues). The Court of Appeal dismissed the appeal and upheld the decision at first instance to distinguish Superstrike. The case helps clarify the status of tenancy fees paid prior to the Act and whether these can amount to prohibited payments post-2019. Written by Kevin Long, solicitor at Hackney Community Law Centre.

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