Search This Blog

Thursday, 5 September 2013

Security of Tenure

Under the Housing Act 1996, assured shorthold tenancies were made the standard tenancy for private sector housing rentals. From a tenant’s perspective, the only security an assured shorthold tenancy provides them with is that the landlord cannot secure eviction for the first six months. Any tenant under threat of eviction in the first six months of a tenancy should seek advice from a housing solicitor. After the six months, unless a new tenancy agreement is in place, the landlord can evict the tenant on the basis of a minimum two months’ notice. A housing possession solicitor understands the law as it applies to this area.
allisonradell.com

In previous decades, tenants enjoyed much stronger security of tenure; however, this could prove troublesome for a landlord, especially if they wanted to sell their property, as sitting tenants often had the effect of reducing a property’s value. The revised law on security of tenure has, unfortunately, led to problems for tenants, many of whom experience a reduced sense of security and less opportunity to see their rights enforced. A housing solicitors firm such as Duncanlewis.co.uk will discuss with tenants where they stand in terms of security of tenure, should a dispute with a landlord arise. Some tenants may not be fully aware of their rights and even if they are, they may be unwilling to seek redress out of concern that a landlord may evict them. A professional housing solicitor such as Duncanlewis.co.uk will assure clients of their rights.

If a fixed-term tenancy has expired but a tenant remains in the property  no matter for how short a period of time  a periodic tenancy automatically comes into force. Under a periodic tenancy, neither tenant nor landlord is required to do anything and the tenancy can proceed for an indefinite period and under the same terms as the fixed-term agreement. Anyone concerned about their tenancy should consult housing lawyers. Where a dispute arises over repairs, a tenant should consult a disrepair solicitor. 

In terms of security of tenure, other conditions a tenant needs to look out for and that a housing solicitors firm can advise on include licenses and occupiers with basic protection status. The granting of a license does not result in the creation of an estate in land and the licensee merely obtains permission to occupy the property.  

Those staying in hotels, hostels or lodgings, where the landlord is in residence but where the tenant does not gain exclusive possession of any part of the property, are subject to license arrangements. Such arrangements also apply to those letting a room in someone’s house, holiday lettings, employees residing in a business premises, and some multiple occupation properties.

Occupiers with basic protection, also known as common law tenancies, come into force in situations where a tenant is sharing with the landlord and enjoys exclusive possession of part of the property – a self-contained flat, for example. Such tenants have less protection than tenants with assured shorthold tenancies. A housing solicitor will talk a client through the details of a common law tenancy. 

For security of tenure, and also for the reassurance of a landlord, a housing solicitor would advise clients not to go into a tenancy on a casual basis and to have all written agreements signed and witnessed.

No comments:

Post a Comment