This document discusses different types of residential tenancies in the UK, including rent act tenancies, assured tenancies, assured shorthold tenancies, and contractual tenancies. It also covers protecting tenant deposits, key terms for tenancy agreements, dealing with tenant complaints and rent arrears, and terminating tenancies. The author provides details on identifying the tenancy type and how the relevant laws apply to things like rent increases, possession, and deposit protection according to each type of tenancy.

1. John Spence

2. - What are the different types of residential
tenancies?
- What is involved in protecting a deposit under a
tenancy deposit protection scheme and avoiding
problems with taking a deposit?
- What are the key terms that need to be in a
residential tenancy agreement and how to avoid
unfair tenancy terms?
- Dealing with tenants’ complaints about disrepair.
- Dealing with problem tenants.
- Recovering rent arrears.
- Terminating tenancies.
- Questions and Answers.

3.  Important to identify type of tenancy
 Affects the extent of the tenant’s rights and the
rights of the landlord to increase rent, terminate the
tenancy etc.
 Rent Act Tenancies (Regulated Tenancies)
 Rent Act 1977
 Granted before 15 January 1989
 Some exceptions – e.g. certain shared ownership leases,
holiday lettings, lettings to students, resident landlords
etc.
 During fixed term – Protected tenant
 After fixed term – Statutory tenant (provided
conditions in Rent At 1977 are met)

4.  Rent Control – “Fair Rent” Assessment by Rent Officer
 Succession to a Rent Act tenancy – Schedule 1, Rent
Act 1977
 Assured Tenancies
 Housing Act 1988
 Tenancies granted after 15 January 1989 but before
28 February 1997
 Tenancies which cannot be Assured Tenancies,
examples include:
 Those made before 15 January 1989
 High Value tenancies: e.g. Rent value of more than
£100,000 per annum
 Tenancies at low rent
 Business tenancies

5.  Tenancies which cannot be Assured Tenancies cont...
 Licensed Premises – for serving alcohol
 Certain tenancies of agricultural land
 Lettings to students by certain landlords
 Holiday lettings
 Lettings by resident landlords
 Crown tenancies and tenancies let by certain public bodies
 Rent Control
 During fixed term – rent as agreed in tenancy
 At the end of fixed term, tenant can ask the Residential
Property Tribunal (England) or rent assessment
committee (Wales) to assess the rent if he/she does not
agree with landlord’s proposed increase.

6.  Assured Shorthold Tenancies (“AST”)
 Housing Act 1988
 Most tenancies granted after 28 February 1997 will be
AST
 Tenancies which cannot be AST(same exceptions those
that apply to Assured Tenancies)
 End of fixed term becomes statutory periodic tenancy
 Rent:
 During fixed term – rent as agreed in tenancy
 At the end of fixed term, tenant can ask the Residential
Property Tribunal (England) or rent assessment
committee (Wales) to assess the rent if he/she does not
agree with landlord’s proposed increase. In practice does
not apply as landlord can terminate the tenancy.

7.  Contractual Tenancy / Common Law Tenancy
 Generally residential tenancies which do not fall
within any of the earlier categories.
 Most common contractual tenancy – one with a
rental value of more than £100,000 per annum

8.  Tenancy Deposit Schemes
 Any deposit taken in connection with an AST since 6
April 2007 MUST be protected and the tenant MUST be
served with prescribed information (given by service
provider) within 30 days of receipt of deposit.
 Purpose: (1) protect a tenant’s deposit and (2) deal
with disputes between landlords and tenants

9.  Only 3 authorised providers:
 (1) The Deposit Protection Service
 http://www.depositprotection.com/
 (2) Tenancy Deposit Scheme
 http://www.thedisputeservice.co.uk/
 (3) My Deposits
 http://www.mydeposits.co.uk/

10.  Penalties for failure to register the deposit on time:
 Can effect your right to recover possession of property
 The tenant can apply to the Court for payment of a penalty.
 If the tenancy is still continuing the Court must order:
 that, within 14 days from the date of the order the
deposit be paid to tenant (s. 214(3)(a), Housing Act 2004);
or
 that, within 14 days the deposit be paid into a designated
account held by The Deposit Protection Service (only
custodial scheme) – s. 214(3)(b) Housing Act 2004).
 If the tenancy has ended, the court may order that the
deposit be repaid (all or part of it) to the tenant within 14
days (s. 214(3A)).
 The court must also order the landlord to pay tenant, within 14
days of the order, a sum of money equal to between 1 and 3
times the amount of the deposit (section 214(4), Housing Act
2004). This applies whether the tenancy is continuing or not.

11.  Not retrospective – deposit taken before 1 April 2007
does not need to be protected
 BUT: recent changes in legislation caused uncertainty.
 Superstrike Ltd v Marino Rodrigues
 Some confusion as to how landlords are required to deal
with existing deposits where the fixed term of a tenancy
comes to an end
 Re-registration of deposits and prescribed information.
 Deposit taken prior to 1 April 2007 – position when fixed
term comes to an end.
 Deposit taken after 1 April 2007 – position when fixed
term comes to an end.
 Scheme providers have given some guidance but no idea
how Courts will decide.

12.  Fixed period
 Fixed rent
 Termination provisions
 Landlord and tenant repairing and other
obligations

13.  Guidance by Office of Fair Trading (OFT)
 Copy at:
http://www.oft.gov.uk/shared_oft/reports/unfair_contr
act_terms/oft356.pdf
 OFT – duty to consider any complaints
 Ensures that terms are fair
 Requirement of good faith
 Balance of landlord’s and tenant’s rights and
obligations
 Core terms – rent, length of tenancy and details of
property
 Cannot exclude liability for injury, condition of
property
 Cannot exclude provisions of tenancy deposit
requirements on AST

14.  Governed by:
 (1) Express terms in the tenancy agreement –
both landlord’s and tenant’s obligations relating
to repair
 (2) Section 11, Landlord and Tenant Act 1985 –
landlord’s implied covenant to repair
 (3) Section 4, Defective Premises Act 1972 –
landlord’s duty of care to anyone who may be
affected by defects in the property
 (4) Common law nuisance and negligence claims
 Housing Disrepair Protocol

15.  Breach of express terms of tenancy
agreement
 Common law nuisance and negligence issues
 Complaints received by third parties

16.  Rent Act Tenancy
 Rent registered with Rent Officer
 Letter before action – no standard form of notice
 Court proceedings for recovery
 Assured Tenancy
 Rent registered with Rent Officer
 Letter before action – no standard form of notice
 Court proceedings for recovery
 Assured Shorthold Tenancy
 Letter before action – no standard form of notice
 Court proceedings for recovery
 If also seeking possession – need to serve prescribed notices pursuant to Housing
Act 1988
 Common law / Contractual tenancy
 Letter before action – no standard form of notice
 Court proceedings for recovery

17.  Rent Act Tenancy
 At the end of the contractual term, the tenancy
will continue as a statutory tenancy.
 To recover possession, the landlord must obtain a
court order for possession.
 Grounds - Schedule 15, Rent Act 1977
 Assured Tenancy
 During fixed term:
 Either by exercising a break clause (if there is one)
 Breach by the tenant of specific grounds in Schedule 3,
Housing Act 1988

18.  End of fixed term:
 Tenant has right to remain
 Landlord can only obtain possession by way of Court Order if he is able to
establish one of the grounds in Schedule 2, Housing Act 1988
 Assured Shorthold Tenancy
 During the fixed term
- If there is a breach – by serving a Section 8 Notice pursuant to Housing Act
1988 (prescribed form)
- Specific grounds in Schedule 2, Housing Act 1988 only
- If no breach – by serving Section 21 Notice, Housing Act 1988 (minimum notice
period of 2 months to take effect after the fixed term expires)
 At the end of the fixed term
 If relying on a breach – Section 8 Notice (notice period depends on ground
relied upon)
 If no breach – Section 21 Notice - minimum 2 month notice – careful
consideration as to when the notice can be served, when it must expire and
form of notice
 Cannot serve a Section 21 Notice if a rent deposit was taken and not
protected

19.  Common Law / Contractual tenancy
 During the fixed term
 If there is a breach – by serving notice concerning the
breach
 At the end of the fixed term
 Notice to Quit
 In all residential lettings:
 Protection from Eviction Act 1977 applies
 Criminal offence for landlord to evict tenant
without a Court Order for Possession
 Even where Possession Order obtained only
County Court Bailiff can evict the tenant

20.  Any questions?

21. John Spence, Solicitor
Direct Dial: 020 7288 4788
johnspence@boltburdon.co.uk
Yezdan Izzet, Solicitor
Direct Dial: 020 7288 4737
yezdanizzet@boltburdon.co.uk
BOLT BURDON
Providence House
Providence Place
London N1 0NT
www.boltburdon.co.uk