Regulated Tenancies.pdf

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Regulated Tenancies
Regulated Tenancies
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Contents
Summary
3
1. Regulated tenancies – deinitions
5
What is and is not a regulated tenancy
5
Protected and statutory tenancies
9
Formerly controlled tenancies
9
Disputes
10
2. Security of tenure
11
The need for a court order
11
Grounds on which an order can be made
11
When to apply
15
Succession
16
3. Fair rents
18
What is a fair rent?
18
Getting a fair rent registered
21
Objections
23
Services and service charges
25
Applying again and cancellation
27
4. After the rent is registered
30
Effect of registration
30
Reductions
30
Increases
31
5. Unregistered rents
34
Not all rents need to be registered
34
Increases where there is no registration
34
Rent agreements
35
1
6. Rents – some general points
37
Paying rent
38
Deposits, premiums and other charges
39
7. Other rights and obligations of tenants
41
and landlords
8. Protected shorthold tenancies
45
What is a protected shorthold tenancy?
45
Rent
45
During the ixed term
46
At the end of the ixed term
46
Staying on beyond the end of the ixed term
48
Subletting and assignment
49
2
Summary
Most residential lettings by non-resident private
landlords which began before 15 January 1989 will
be regulated tenancies under the Rent Act 1977. It
does not matter whether the letting is furnished or
unfurnished.
Since 15 January 1989 most new lettings have been
assured or assured shorthold tenancies and it will only
be possible to have regulated tenancies in very limited
circumstances; this booklet describes how and when
this can happen.
A regulated tenant has certain important rights
concerning the amount of rent he or she can be
charged and security of tenure. With a regulated
tenancy:
• the landlord cannot evict the tenant unless he
or she gets a possession order from the courts,
and the courts can grant an order only in certain
circumstances
• if the tenant dies his or her spouse will normally
take over the regulated tenancy (a family member
who has been living in the home can take over an
assured tenancy)
• either the landlord or the tenant can apply to the
rent oficer for a fair rent to be registered
• once a rent is registered it is the maximum the
landlord can charge until it is reviewed or cancelled
• even if a rent is not registered, the landlord can only
increase the rent in certain circumstances
3
• the tenant may get housing beneit
• the landlord is usually responsible for major repairs
• the landlord, or in some cases the tenant, can ask
the local authority for a grant towards certain repairs
and improvements
This booklet explains the main points of the law as
it affects regulated tenancies, especially on rent and
security of tenure, for both landlords and tenants.
It does not give an authoritative interpretation of the
law; only the courts can do that. Nor does it cover
every case
4

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