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RESIDENTIAL PROPERTY: Residential Tenancies

Most residential tenancies are now created as Assured Shortholds, giving the landlords the right to recover possession at the end of the term but otherwise giving good security to the tenants.

But there are instances when an Assured Shorthold is either not appropriate or simply impossible to create. You need to understand when it would be more appropriate to have a lesser legal entity, known as a Licence, or where, because of previous letting history, the law will not permit a Shorthold to arise.

Protecting the payment of rent and the performance of other covenants on the part of the tenant are important considerations for landlords. Whether by use of deposits or guarantees, compliance with statutory obligations are essential. Another typical issue that arises is where a tenancy of a house or flat is granted to two or more people. What happens if one tenant leaves or if one tenant defaults on their share of the rent?

For their part, tenants need to know how they can protect themselves from bad landlords.

If you are involved in agriculture, there is a completely separate system of security of tenure for agricultural workers. Knowledge of when rules on houses in multiple occupation will be relevant is essential.

We are always willing to assist in drafting and advising on all forms of residential occupancy.

When it comes to recovery of possession or if arguments arise, the dispute resolution team will readily become involved.