(Property law in England & Wales) With so many different tenancy types, with each having their own rights and obligations, it can be difficult to figure out which one you have.
This article should help you to figure out which type you have, so you know what your legal rights are.
- Before 15th Jan 1989. If you were in your property before the 15th of January 1989 then you will most likely have a ‘protected tenancy’ that means your rent is regulated under the ‘fair rent’ system. If not, you can apply to get your rent regulated. With this type of tenancy, it will be difficult for you to be evicted if you do not want to do.
- Between 15th Jan 1989 and 27th Feb 1997. If you moved in during these days then you probably have an “assured tenancy”. It is similar to a protected tenancy but differs in that there is no fair rent system. Your landlord could evict you easier if you are rent arrears. If your landlord served a section 20 notice on you before you signed the agreement, you might have an assured shorthold tenancy. This means your landlord could evict you after your term ends.
- On or after 28th February 1997. If you moved into your property after the 28th Feb 1997 then it is almost certain that you have an assured shorthold tenancy. There are a few exceptions to this, like if the property is in the same building as your landlord or you are required to live there as part of your job. Again, if you were served a section 20 notice before you signed the tenancy agreement then you could be given two months notice by your landlord as soon as the agreement term ends.
Being able to determine the type of tenancy you have can quickly resolve disputes with landlords or tenants that might otherwise escalate. It also pays to know what your rights are, and how they can help you if you get into arrears or other problems.
These are the most common and prevalent tenancy types but there are others that you may have signed, especially if you’ve lived in the property for many years.
The UK charity Shelter has a free tenancy checker tool that asks you a series of basic questions to determine which type you have and is very useful if you don’t have access to a property lawyer.
Ian is a personal finance blogger at DebtConsUK, helping people to make the right choice with their debt strategies to avoid problems like tenancy rent arrears. For more information, add him to your Circles on Google Plus.
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