ABSTRACT
Since the coming into force of the Housing Act (HA) 1988, there have been two different regimes for determining the nature of tenancies. Tenancies granted before then are still subject to the Rent Act (RA) 1977 and/or the HA 1980 and later ones are subject to the provisions of the HA 1988, as amended by the HA 1996. Many pre-HA 1988 tenancies remain in existence and, for the moment, it remains important for the practitioner to be able to ascertain whether or not a tenancy granted prior to the HA 1988 is protected by the RA 1977. Some issues, though, such as whether or not there is a tenancy or a licence, apply equally whichever legislation was in force when possession was granted to the occupier.
