ABSTRACT

This chapter focuses on security of tenure for private sector tenants. While it is possible for private landlords to grant assured tenancies under the Housing Act 1988, most will opt instead for assured shortholds and the vast majority of assured tenants are those whose landlords are housing associations. Both the Rent Act 1977 and the Housing Act 1988 give the tenant security of tenure by preventing the exercise of the landlord’s common law rights to end the tenancy and providing that the landlord can only regain possession of the premises with a court order. Whether the security of tenure offered is ‘reasonably equivalent’ will depend upon the facts of the case. The Rent Act 1977 contains 20 grounds (‘cases’) for possession. If the landlord proves one of the discretionary grounds, the court will grant possession only if it considers that it is reasonable to make the order.