Q&As

Do you have any guidance, notes or articles in respect of security of tenure on the ending of long residential tenancies? In particular, the application of the Local Government and Housing Act 1989 and the Landlord and Tenant Act 1954?

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Published on LexisPSL on 26/03/2019

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • Do you have any guidance, notes or articles in respect of security of tenure on the ending of long residential tenancies? In particular, the application of the Local Government and Housing Act 1989 and the Landlord and Tenant Act 1954?
  • Long leases not at a low rent
  • Rent Act 1977 tenancies
  • Housing Act 1988 tenancies
  • Long leases at low rent
  • Landlord and Tenant Act 1954, Part I
  • Local Government and Housing Act 1989

Do you have any guidance, notes or articles in respect of security of tenure on the ending of long residential tenancies? In particular, the application of the Local Government and Housing Act 1989 and the Landlord and Tenant Act 1954?

Long leases not at a low rent

Rent Act 1977 tenancies

In respect of long leases under the Rent Act 1977 (RA 1977), a tenancy of any length is in principle capable of being a protected tenancy under RA 1977. However, under RA 1977, s 5, long tenancies at low rents of residential premises are outside RA 1977. They instead fall within Part I of the Landlord and Tenant Act 1954 (LTA 1954). See Commentary: Low rents: Hill and Redman's Law of Landlord and Tenant [36].

Housing Act 1988 tenancies

In respect of tenancies under the Housing Act 1988 (HA 1988), subject to fulfilling the other criteria (see Practice Note: Assured and assured shorthold tenancies—granting—Criteria for AT), a long lease which has a ground rent of more than £1,000 per year in Greater London and more than £250 per year elsewhere will be an assured tenancy (AT).

It is not clear whether or not a tenancy which at commencement fell under the minimum rent exemption may subsequently become assured if ground rent increases during the term and the exemption ceases to apply, although commentators suggest that the language of HA

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