Housing Law: Differences Between Tenancies in the UK (Course LAW101)

This report provides a detailed analysis of housing law in the United Kingdom, focusing on the distinctions between local authority tenancies, tenancies under the Housing Act 1988, and secure tenancies governed by the Rent Act 1977. The report begins with an introduction to housing law, emphasizing its role in protecting buyers and renters. It then delves into the specifics of each tenancy type, comparing their legal rights, obligations, and conditions. The report highlights the long-term security offered by secure tenancies, the provisions of the Housing Act 1988 regarding assured tenancies, and the protections afforded by the Rent Act 1977, particularly regarding fair rent and tenant rights. The report also covers the rights and responsibilities of landlords and tenants, including rent regulation, security of tenure, and succession rights. The report concludes by summarizing the key differences between the tenancy types and their implications for both landlords and tenants, providing valuable insights into the complexities of UK housing law. The information provided is a valuable resource for students studying housing law, offering a clear understanding of the different types of tenancies and their legal frameworks.

Housing Law

INTRODUCTION...........................................................................................................................1
Difference between Local authority tenancy, a tenancy Under Housing Act 1988 and secure
tenant under Rent Act 1977........................................................................................................1
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
Housing law covers all the provisions related with buying and selling of house in order to
make sure that there is absence of any discrimination while purchasing and renting of housing.
However, legal bodies have enacted number of laws, Act, rules and regulations for protecting
buyers and sellers from fraudulent activities which might incurred during housing process
(Cowan, 2011). Therefore, this assignment is going to highlight the difference between tenancy
under local authority, Housing Act 1988 and secure tenant Rent Act 1977. It means, main
objective of the project is to focus on various tenancies which are incurred in distinct way with
the help of logical facts or figures.
Difference between Local authority tenancy, a tenancy Under Housing Act 1988 and secure
tenant under Rent Act 1977
Housing in United Kingdom is seen as top half of EU nations with regards to rooms per
individual, amenities and quality of housing. Basically, price of houses as a proportion of income
is more than average among EU countries. As a result, maximization in cost of housing at UK is
a major reason behind occurrence of housing crisis for few members specially for those
whosever are having minimum income brackets or in highly cost regions such as London. In
fact, London is considered as most desirable place for living and resident for large number of
ultra-high-net-worth individuals across the world. However, average expense of house is around
£290,000 for buying with 2.8 bedrooms and semi-detached. In UK, Housing represents as a
largest non-financial asset with a net value of around £5.1 trillion (Hohmann, 2013).
According to legal bodies of UK and common law every individual is having a right to
live in decent home with all the necessary facilities that is required to live in better manner.
Community law Partnership are committed to preserve the housing rights of a person and make
sure that common people can enjoy a national reputation for the work. This community always
focussed to protecting tenants, occupants and homeless people by getting engaged in suggesting,
assisting as well as representing all the necessary areas of housing law. On the other hand,
housing law covers various areas of legitimate areas that includes; Housing Rent & Lease
Reforms Acts, accommodation, assured tenancy, tenancy agreements, housing grants,
cohabitation, Housing Act 1996 and many more (Kropczynski and Nah, 2011).
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Legitimate bodies have designed rights and responsibilities for landlords and tenant both
while renting and buying of house in UK. Basically, letting a property means that creation of
legal relationship between landlord and tenant which is bound by particular housing legislation.
For instance; legislation is going to describe the necessary rights which are have by all the
private tenants either live in controlled or uncontrolled properties (Manzi, 2010). Before,
entering into legitimate relationship, an individual needs to aware about the property which is
going to purchase such as;
 Property is an empty house or not?
 Is it flat or independent home?
 Do you really want to let your property for a single tenant or cluster of people?
After making the decision, it is indispensable for both landlord and tenant to know about
their legal obligations and rights.
Rights of Landlord-
 They have a right to charge a rent as per market rate.
 Required to agree on the terms of tenancy
 Right to receive rent whenever it’s due.
 Requisite to give proper notice for quitting the tenant.
Basic rights of tenant-
 They have right to rent book
 Authority to give proper notice for quitting the contract.
 Right to freedom from harassment and illegitimate eviction.
 Right to claim for acquiring housing advantages.
By analysing the some of the necessary legal norms, provisions, rules and regulations
associated with landlord or tenant act, it has been understood that there is a major difference
between local authority tenancy, a tenancy under housing act 1988 and secure tenant under Rent
Act 1977. All of them are varying from each other in several terms such as; norms, way of
processing, legal rights, obligations, additional conditions and so on (Goetz, 2013).
Long term security of tenure was proposed for large number of social housing tenants
under Housing Act 1980. Moreover, Housing Act 1988 launched assured tenancy regime for
housing associations. Basically, this regime has applied by various new housing association
tenancies that were established from 15th January 1989. Basically, level of security that is
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provided by these tenancies is described as lifetime tenancies. However, coalition governing
bodies legislated provide local authorities as well as housing associations carefulness in order to
offer fixed term tenancies to the social housing tenants in England. Thus, Localism Act 2011
provided a power to local authorities for offering flexible tenancies to new social tenants.
In simple terms, Local authority, social housing, housing associations and co-operatives
are charities association which offers reasonable rented houses for common people. These
tenancies are run for almost 12 months until and unless tenant is serving a notice of Intention for
seeking the possession as well as not going to court for ending the tenancy early. For example;
few renter end the contract due to anti-social behaviour of a person or rent arrears. Additionally,
time period of tenancy automatically get increased after 12 months and secure if a person is a
very good tenant. On the other hand, introductory tenants doesn’t have the similar rights as
compared to secure tenants such as; does not undertake mutual exchange neither apply for
transfer. Moreover, they don’t have right to do any improvements and modification in the home
neither right to purchase home until and unless landlord consent is available (Plunz, 2016).
On contrary to this, secure tenancies is only offered to those people who are moving
either through transferring or mutual exchange and consider as secure council tenant as well as
assured housing association Tenant. Therefore, in a secure tenant an individual can live in their
home for entire life as long as their tenancy contract. These tenancies can only end by the order
of court. Along with this, person who is involved in secure tenants have various rights which
several other tenant doesn’t have (Smolka and Biderman, 2011).
One of the most leading and appropriate statues governing property law in England is
The Housing Act 1988 which covers a broad range of regions as well as various rights and
responsibilities of tenants and landlords. According to this law, landlord it is essential to come
across Housing Act 1988 because it has been used in various times while entering into tenancy
agreements. Tenancy contract is a legitimate agreement which incurred between two parties in
which landlord and tenants get involved in a rental transaction by clearing all the terms of
individual tenancy. However, few landlords and tenants thought that Housing Act is tenancy
agreement because this act also set the statutory rights of both the parties as well as gives legal
responsibilities (Fitzpatrick and Pawson, 2014). But, these two things are different from each
other in distinct manner such as;
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 Housing Act sets all the terms and conditions as well as legal clauses whereas tenancy
agreement cannot contain these things.
 On the other hand, tenancy agreement sets particular conditions of tenancy such as; price
of rent and its time period.
Along with this, some of the major legal things which is added in the Housing Act of
1988 and considered by landlord or tenant while entering into legitimate contract that is
discussed as follows-
 Security of tenure- As per this factor, tenant is having an authority of staying in a rented
property until and unless they are under tenure which is signed by both the parties.
However, there is different type of tenancy is allowed to the tenant under this Act which
is count as assured tenancy. Hence, these things helps in providing tenants to more or less
almost similar rights as old protected tenancy as well as long term safety of tenure
(Orfield, 2013).
 Succession- There is absence of succession rights that is if tenant dies but still their
spouse or other beneficiary does not have any right to live in property. At the same time,
assured tenancy clarifies that only spouse has inherited rights.
 Rent Regulation- Before 1989, governing bodies regulates rents as per age, location and
condition of properties. Therefore, 1988 Act removed controls of rent due to this; there is
absence of legitimate restriction to the amount of rent a private landlord can charge.
Apart from this, one of most significant considerations for landlord needs to make sure
that none of the clauses, terms and conditions does not breach by tenant in tenancy agreement as
per the Act. If there is an availability of agent then he/she is liable for managing all the
requirement and paper work on the behalf of landlord or tenant. Along with this, requisite to
ensure that each and every member of agreement needs to aware about the responsibilities in
order accomplish all the activities in proper manner (Bounds and et. al., 2010). As per the
Housing Act of 1988, landlord is having major responsibility that is discussed as follows.
 As per Landlord and Tenant Act 1985, landlord needs to maintain the property in better
state and repair it time to time for ensuring safe environment for tenants. For example;
repair interior and external structure of roof, walls, chimneys and drains.
 It is essential to make sure that equipment’s which is liable for supplying gas is of high
quality, proper supply of electricity as well as safe surrounding for water.
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 Landlord is liable for telling specific time period about rent.
 In periodic tenancy, landlord don’t have right to maximize it once in a year.
 If there is any maximization then it must be fair and realistic.
Furthermore, protected tenancy is a type of tenancy in United Kingdom as per Rent Act
1977 which is liable for governing the provision that is concerned with regulated tenancies.
Basically, secured tenancies is all about provides tenant both safe or secure tenure and authority
to fair tent. Whenever an investor got engaged in buying any residential property that is already
booked by tenants always consider one of the most indispensable element such as; whether that
particular property is suitable for long term investment or not. Rent Act 1977 provides protection
to tenants of residential property by protecting landlords who charges unfair rents and by
offering right to be remain in occupation of property even after agreement term of tenancy have
ended (He, 2014). As per Rent Act 1977 some of the essential things is going to covered which is
discussed as follows-
 Permits tenant as well as landlord for applying a fair rent of the property to be registered.
 Protects the landlord from ejecting the tenant until and unless they must acquire
possession order from tribunal.
 Provides authority to tenant’s spouse, civil partner or several other family members for
acquiring the tenancy if tenant dies.
Additionally, if tenancy is under Rent Act 1977 tenancy, rent might be registered on Rent
register as a “fair rent”. Thus, fair rent needs to be assessed by rent officer who is an legal
official with the valuation of office agency. After registering the fair rent, terms and conditions
which is applied in register is seen as maximum rent this is charge by landlord for that specific
property. Landlord or tent anyone can go for application of rent registered or have an opportunity
to apply it jointly. Generally, landlord only applies whenever they wish to review the rent or
perhaps maximize it. Along with this, tenant have a right to apply if they will thought that they
are paying too much amount for property and wanted to reduce it. Therefore, rent is calculated
through rent officer as per the rules of Rent Act 1977 (Ball, 2010). It is essential to consider all
the situations such as;
 State of being repair to the property.
 Character of property, its locality as well as age group.
 amount of furniture provided needs to considered,
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 Presence of any lawfully paid.
Moreover, rent officer might ignore few things such as-
 Personal situations of landlord and tenant.
 any disrepair things for that tenant is liable
 Any modification which tenant wanted to make that he/she didn’t make as per terms of
tenancy.
Therefore, it has been understood that legal bodies have enacted number of legal laws,
norms, rules and regulations for protecting tenants and landlords from fraudulent activities. Main
objective of the various Acts related with Housing law are designed for maintaining a peaceful
relations amongst landlord and tenant by clearing all the doubts and issues. Along with this,
various process are designed for controlling probabilities of risk and applied by several
authorities as per the situations (Turk and Altes, 2010). In fact, number of cases are identified
which are related with tenant and landlord issue such as; Boyle v Verrall; Court of Appeal
(Lord Justice Auld, Lord Justice Thorpe) 26 July 1996,
CONCLUSION
From the above report, it has been summarized that legal bodies have enacted number of
norms, provisions, Acts, rules and regulations for protecting rights of tenant and landlord by
applying it in distinct situations. In fact, whole project shows that several norms are identified
which are highly beneficial for both the parties which are involved in housing cases by clearing
each and every doubts in better manner. Throughout the project, rights and responsibilities of
tenant or landlord also explained in under Housing Act 1988 as well as states that easily entered
into contract. Moreover, Rent Act 1977 is also plays a very crucial role in preserving rights of
each and every member who are involved in housing legal regulations.
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REFERENCES
Books and Journals
Cowan, D., 2011. Housing law and policy. Cambridge University Press.
Hohmann, J., 2013. The right to housing: Law, concepts, possibilities. Bloomsbury Publishing.
Kropczynski, J. and Nah, S., 2011. Virtually networked housing movement: Hyperlink network
structure of housing social movement organizations. New Media & Society, 13(5),
pp.689-703.
Goetz, E.G., 2013. New deal ruins: Race, economic justice, and public housing policy. Cornell
University Press.
Plunz, R., 2016. A history of housing in New York City. Columbia University Press.
Fitzpatrick, S. and Pawson, H., 2014. Ending security of tenure for social renters: Transitioning
to ‘ambulance service’social housing?. Housing Studies, 29(5), pp.597-615.
Orfield, G., 2013. Housing segregation produces unequal schools. Closing the opportunity gap:
What America must do to give every child and even chance, pp.40-60.
Bounds, M and et. al., 2010. Governance and residential satisfaction in multi-owned
developments in Sydney. Multi-Owned Housing: Law, Power and Practice.
He, X., 2014. Maintaining Stability by Law: Protest‐Supported Housing Demolition Litigation
and Social Change in C hina. Law & Social Inquiry, 39(4), pp.849-873.
Ball, J., 2010. Housing law is dead. Long live European housing law?. Journal of Legal Affairs
and Dispute Resolution in Engineering and Construction, 2(1), pp.21-30.
Turk, S.S. and Altes, W.K.K., 2010. Institutional capacities in the land development for housing
on greenfield sites in Istanbul. Habitat International, 34(2), pp.183-195.
Smolka, M.O. and Biderman, C., 2011. Housing informality: An economist's perspective on
urban planning. In The Oxford handbook of urban economics and planning.
Manzi, T., 2010. Promoting responsibility, shaping behaviour: housing management, mixed
communities and the construction of citizenship. Housing Studies, 25(1), pp.5-19.
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