Tenancy law in England and Wales can be very complex. The law that applies to any specific tenancy varies depending on what type of tenancy it is and when it was created.
Tenancy law aims to balance the rights of the landlord to an income and a right to keep their investment free from damage, with the tenant’s right to have a reasonable amount of security in their home.
If you are having a dispute with your landlord, we can recommend the most cost-effective course of action, using a specialist landlord and tenant solicitor.
What types of tenancy are there?
Tenancy law and the types of tenancy available have changed markedly over the years. The Rent Act 1977 introduced tenancies that allowed for unparalleled levels of security for tenants, at rents determined as fair by rent officers.
These rents were often below market value and did not offer a good return for investors. As a result of this, properties with these types of tenants in them, known as sitting tenants, fetch around 30% less than market value when the freehold is sold.
Tenancy law changed with the introduction of assured short-hold tenancies by the Housing Act 1988. This shifted the balance away from the tenant and towards the landlord, allowing the landlord to set any rent and taking away the absolute protection of the tenancy that the Rent Act provided.
Changes in tenancy law
Since then there have been various shifts in tenancy law allowing for increased rights for either the landlord or the tenant. Most recently, a fair scheme for holding deposits has been introduced to improve the likelihood of tenants being able to retrieve their security deposit from their landlord.
For more detailed information on this, visit our security deposit schemes page.
The law on the subject is complex, and sometimes it can be difficult to ascertain exactly who has the right in a particular circumstance or what the correct procedure would be. Even working out the type of tenancy that you have can be difficult and it is always worth enlisting the help of a specialist solicitor who can advise a tenant on their rights.
Are you having a dispute with your landlord? Caven can put you in touch with a specialist landlord and tenant solicitor to help resolve the issue quickly. Please call us on 0808 129 5759 or complete the web-form above.