The tenancy condition
Produced in partnership with Matt Lewin of Cornerstone Barristers
The tenancy condition

The following Local Government practice note produced in partnership with Matt Lewin of Cornerstone Barristers provides comprehensive and up to date legal information covering:

  • The tenancy condition
  • Security of tenure
  • The tenant condition
  • Only or principal home
  • Tenant's absence from home
  • Tenant in occupation of two homes
  • Security of tenure threatened
  • Succession

The tenancy condition

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:

  1. proceedings for possession

  2. forfeiture of business leases on the grounds of non-payment of rent

  3. a landlord's right to exercise Commercial Rent Arrears Recovery (CRAR) and enforcement agents taking control of goods

  4. service of various notices to recover possession of residential properties

  5. practice and procedure in the First-tier Tribunal (Property Chamber) and Upper Tribunal (Lands Chamber)

  6. insolvency legislation of both a permanent and temporary nature

For further information and guidance, see: Coronavirus (COVID-19)—implications for property and Coronavirus (COVID-19)—social housing tracker.

This Practice Note provides guidance upon the tenancy condition, which must be satisfied in order for a tenant to have security of tenure pursuant to section 79 of the Housing Act 1985 (HA 1985). It also considers the issues which can arise where security of tenure is threatened.

Security of tenure

A tenant of a dwelling house, let as a separate dwelling, will have security of tenure in accordance with HA 1985, s 79 at any time where the 'landlord condition' and the 'tenant condition' are satisfied.

The 'landlord condition' is that the interest of the landlord belongs to one of several prescribed authorities or bodies. In practice, the landlord will generally be a local authority.

Security of tenure is often described as 'ambulatory' because HA 1985, s

Popular documents