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Security of tenure

This content applies to England & Wales

The different tenancy types and occupation status that someone may have and the impact this has on their security of tenure.

Basic principles of security of tenure

Different types of tenure, categories of occupiers, and common rules and differences between tenancy and license agreements. 

Joint tenancies

Where a tenancy is granted to more than one person, the tenants hold the tenancy jointly and are jointly and severally liable for rent and other costs. 

Subtenancies

Security of tenure of private and public sector subtenants, and their position when the immediate landlord's tenancy ends. 

Assignment

Tenants' rights to pass on their public and private sector tenancies, requirements and procedure for assignment. 

Tenants notice to quit

A tenant can end a periodic tenancy or licence by serving a valid notice to quit (NTQ), with rules depending on the phase of the tenancy. 

Break clauses

Break clause in the tenancy agreement gives the landlord or tenant the right to end a fixed term tenancy before the expiry of the fixed term period. 

Surrender of a tenancy

Requirements for an express surrender by deed and for the more common implied surrender by operation of law. 

Succession

Rules governing succession to different types of private and public sector tenancies when the occupant dies. 

Secure tenancies

The law regarding secure tenancies and licences, their duration and termination, and the rights of secure tenants. 

Local authority flexible tenancies

The law relating to creating and ending flexible tenancies, and their differences from periodic secure tenancies. 

Introductory tenancies

Rights of introductory tenants, the ways introductory tenancies can end and introductory tenants can become secure tenants. 

Demoted tenancies

The ways for landlords to regain possession of a demoted tenancy, and how tenants may be able to defend a possession claim. 

Family intervention tenancies and projects

Family intervention tenancies can be offered by local authorities and registered social landlords in circumstances of antisocial behaviour. 

Assured shorthold tenancies

Features of an assured shorthold tenancy that differentiate it from an assured tenancy, including how a landlord can regain possession. 

Assured tenancies

Features and types of assured tenancies, tenancies that cannot be assured, and the rules for ending assured tenancies. 

Regulated tenancies

The law governing creation, stages, and termination of regulated tenancies (commonly referred to as protected tenancies). 

Restricted contracts under the Rent Act 1977

Restricted contracts give limited security of tenure to residential occupiers who do not qualify for a regulated tenancy. 

Protected shorthold tenancies

The protected shorthold tenancy, conditions and notices for protected shorthold tenancies, rent levels, and how a tenancy is ended. 

Public sector secure and introductory licences

Secure and introductory licences for local authority accommodation can be granted instead of tenancies in limited situations. 

Rights of mobile home occupiers

Definition of a mobile home, rights of mobile home occupiers, protected sites and protection from eviction. 

Basic protection and excluded occupiers

Categories of occupiers with basic protection and excluded occupiers, their rights, requirements for notices and eviction. 

Renting rights of property guardians

A property guardian lives in vacant accommodation under an occupation agreement, often with some terms unenforceable under housing or consumer law. 

Tenancy checker

The tenancy checker will help you to determine what type of tenancy an occupier has. 

Rights of agricultural occupiers

Definition of the term agricultural occupier and the status of agricultural occupiers whose agreement started before or after 15 January 1989. 

Occupiers in tied accommodation

The rights of occupiers who live in private and public sector accommodation provided by their employers. 

Living in a housing co-operative

Housing co-operatives and how they work, how people can get housed in housing co-operative accommodation, their security of tenure. 

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