ABSTRACT

The common law has not interfered with residential tenancies, allowing landlords and tenants to make their own contracts of tenancy. Until 1915, there did not appear to be any reason to interfere, in that the rental market favoured neither landlord nor tenant unduly, supply matched demand, rents were affordable, and the quantity of such housing meant that tenants did not fear eviction. However, the continued move from the country to the town during the 19th century, as industry increased, led to housing shortages in the early 20th century, which were exacerbated by the shortage of house building materials during the First World War. To prevent landlords from profiteering from the situation, statutory rent control and security of tenure provisions were introduced. These were relaxed after the war, but had to be reintroduced during and after the Second World War, which created housing shortages, not only because of limited building materials, but also due to war damage. These controls have not only remained with us, but have become a political issue, with one political party favouring greater control and another less.