Seeking possession based on rent arrears (Rent Act tenancy)

Introduction A Rent Act Tenancy is technically either a “Protected Tenancy” or a “Statutory Tenancy”. Collectively they are known as “Regulated Tenancies” [s18]. As long as it is in existence, a protected tenancy is contractual in nature (sometimes called common-law in nature). Virtually all Regulated Tenancies when first granted are a Protected Tenancy. A Statutory tenancy arises when the protected tenancy...

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Requirement of occupation

Cases on the Rent Act 1977 do not come up so often these days. Under that Act a person with protection starts out, under the contractual tenancy, as a “protected tenant”. If the landlord wishes to recover possession the landlord must determine the protected tenancy by a notice to quit (assuming that it is a periodic tenancy). This then gives rise to a statutory tenancy. The landlord will only be entitled to possession if he can prove...

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