Security of tenure

This content applies to England & Wales

Introduction

What is meant by security of tenure, including the legal background of tenancies and the main types of tenure. Each form of tenure is covered in detail in the rest of the security of tenure section. Read more 

Tenancy or licence?

A look at the defining elements of tenancies, licencies and the main types of licences recognised in law. Also explained are ways to determine if an occupant is a licensee or tenant. Read more 

Secure tenancies

The law concerning secure tenancies and licences. Read more 

Introductory tenancies

The law concerning introductory tenancies. Rights of introductory tenants and the ways introductory tenancies can end. This section should be read in conjunction with the secure tenancies section. Read more 

Demoted tenancies

Demoted tenancies. How landlords can regain possession of a demoted tenancy, and how tenants may be able to defend a possession claim. Read more 

Assured tenancies

Information about assured tenancies. Read more 

Assured shorthold tenancies

The assured shorthold tenancy, a type of assured tenancy. The special features of an assured shorthold tenancy that differentiate it from an assured tenancy, including how a landlord can regain possession. Read more 

Regulated (protected) tenancies

The law governing regulated tenancies. Prior to the Housing Act 1988, regulated tenancies were the most common form of private sector tenancy. Read more 

Protected shorthold tenancies

Protected shorthold tenancies, which were created by the Housing Act 1980 and abolished by the Housing Act 1988. Read more 

Restricted contracts

Restricted contracts as defined by the 1977 Rent Act. It conferred limited security of tenure on certain residential occupiers who did not qualify for the much fuller security of the regulated tenant. Read more 

Public sector licences

Licences for council accommodation granted instead of tenancies. Read more 

Basic protection/excluded occupiers

The rights of occupiers with basic protection and excluded occupiers. The term 'occupiers with basic protection' is used in this section, however, this group has no designated title; some housing law textbooks refer to them as 'unprotected occupiers' others as 'occupiers with limited protection'. Read more 

Tenants of mortgagors

The rights of tenants who face eviction by their landlord's mortgage lender. Read more 

Mobile homes

Rights of mobile home occupiers. The situation of people who rent a mobile home, and whether they have a tenancy or a licence. The protection from eviction that almost all mobile home owners have, and the position of mobile home occupiers who fall outside statutory protection. The law on pitch fee reviews. Read more 

Gypsies and Travellers

This section looks at the law relating to Gypsies and Travellers. Read more 

Subtenancies

Security of tenure of subtenants, and at their position when the immediate landlord's lease comes to an end. The section covers both private and public sector subtenancies. Read more 

Squatters

The rights of squatters. The definition of a squatter and how squatters can be evicted, with or without a court order. The defences that may be available to squatters, and how squatters may be able to acquire ownership of property through adverse possession. Read more 

Tied accommodation

The position of occupiers who live in accommodation provided by their employers. Read more 

Agricultural occupiers

The definition and rights of agricultural occupiers. Read more 

Assignment and relinquishment

Tenants' rights to pass on their public and private sector tenancies. Read more 

Succession

The definition of succession under common law. Read more 

Possession proceedings

Procedures that must be followed during possession proceedings relating to tenancies and licences of residential premises. Read more 

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