Residential tenancies

Residential tenancies—letting arrangements

The main types of residential tenancy in England are:

  1. regulated tenancies governed by the Rent Act 1977 (RA 1977)

  2. assured tenancies governed by the Housing Act 1988 (HA 1988)

  3. assured shorthold tenancies governed by HA 1988

  4. public sector tenancies governed by the Housing Act 1985, and

  5. common law tenancies

See Practice Notes: A summary of types of private residential tenancies and Secure tenancies.

Most licences and tenancies of dwellings in Wales are occupation contracts which are governed by the Renting Homes (Wales) Act 2016 (RH(W)A 2016).

See Property considerations in Wales—overview for further information.

Regulated tenancies under the Rent Act 1977

RA 1977 introduced the 'protected tenancy' under which the tenant had the right to a fair rent and security of tenure. Protected tenancies have been replaced by assured tenancies under HA 1988 and consequently RA 1977 will generally only apply to tenancies created before 15 January 1989.

Existing protected tenancies continue to have protection and may be fixed term or periodic. When a protected tenancy comes

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Insolvency, declarations of trust, loan agreements, artificial asset protection, sham transactions, transactions defrauding creditors, interspousal asset transfers, change of position defence and wife’s entitlement to share of husband’s assets (Sayers v Dixon)

Restructuring & Insolvency analysis: The court held that six declarations of trust (DoTs) executed by the transferor (Mr Dixon) in favour of his wife (Mrs Dixon) constituted transactions defrauding his creditors within the meaning of section 423 of the Insolvency Act 1986 (IA 1986) and that two of them, purporting to transfer all his future assets and income to Mrs Dixon, along with an accompanying loan agreement, were shams which were void and ineffective. It set aside the DoTs and ordered Mrs Dixon to restore the value of three transferred properties (which had been converted into £551,589 cash) to Mr Dixon’s trustees in bankruptcy (trustees) together with interest of £101,726. It also ordered an account to be taken of the funds that had been transferred to Mrs Dixon or on her behalf by Mr Dixon over the seven years between the date of the DoTs and his bankruptcy. The court dismissed Mrs Dixon’s defence of change of position to the trustees’ claim for restoration, finding that even if such a defence were generally available (which is unclear), she had not acted in good faith and could not rely on it. It also dismissed her defence that, having been married to Mr Dixon for many years, she was entitled to half his assets and/or an entitlement to a share of them by virtue of a right to be maintained. Written by Jonathan Lopian, barrister at New Square Chambers, who acted for the successful claimants.

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