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 ends in some way (which is discussed in this article). A Statutory tenancy is not a tenancy in the strict sense. It is a personal right to occupy a dwelling-house until a court orders that the tenant should give up possession which the court will only do if is satisfied that one of a number of specified grounds has been made out.
In order to commence proceedings against a tenant based on rent arrears, the “protected tenancy” must first be ended, which will result in a “statutory tenancy” arising (as discussed above). A landlord may then seek possession based on Case 1 of the Rent Act 1977 based upon the breach of the statutory tenancy.
How to end the protected tenancy
Virtually all regulated tenancies we have had to deal with have no written agreement and will therefore be a periodic contractual tenancy without a forfeiture clause. In this case, the protected tenancy will first need to be ended by way of ... Please login or signup to continue reading this content