ABSTRACT
Both the Rent Act 1977 and the Housing Act 1988 provide protection where there is ‘a tenancy of a dwelling-house let as a separate dwelling’. The extensive protection given to tenants by the Rent Acts made many landlords anxious to avoid creating leases which might not be terminable for the foreseeable future. The ‘hallmarks’ of a tenancy have been identified as exclusive possession for a period of time which is certain or capable of being rendered certain. Before 1974, a tenant who shared ‘living’ accommodation with his landlord was not fully protected under the Rent Acts but had the benefit of what is now a restricted contract. The statutory tenancy is a concept unique to the Rent Act. At common law, the expiry or termination of a contractual tenancy ends the tenant’s rights of occupation. The Housing Act 1996 removed the requirement to serve prior notice with the result that assured shorthold tenancies have become the default form of tenancy.
