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1 What is a regulated tenancy?
A regulated tenancy is a letting, by a private landlord, of all or part of a house, (including a flat or bungalow) which took place before 2 January 1989, or a letting resulting from a contract made before 2 January 1989. There are exceptions and these are covered in the answers to Question 2 below. A regulated tenancy can be either a "protected tenancy", if the contract between tenant and landlord is still in force, or a "statutory tenancy", if the contract has been terminated but the tenant continues to have a right to live in the house. A regulated tenant has important rights under the Rent Act in relation to the amount of rent he can be charged and his security of tenure (see Sections B and E).
2 What lettings are not regulated tenancies?
A letting is normally not a regulated tenancy if any of the following apply:
(a) The tenancy began on or after 2 January 1989;
(b) the letting is on an assured or short assured tenancy;
(c) the rateable value of the property let is above the rateable value limit (see Question 3);
(d) no rent is payable or the rent is less than two thirds of the rateable value of the property;
(e) the rent includes payments for board or attendance, the payment for which forms a substantial part of the rent (attendance includes, for example, cleaning of rooms and washing of linen). Lodgers will normally fall within this exception;
(f) the letting is by a specified educational institution (such as a University, Central Institution or College of Education) to a student;
(g) the letting is for the purpose of a holiday.
(h) the dwelling house is let together with substantial land (other than the site of the house itself) - for example, an agricultural holding;
(i) the landlord is the Crown or a Government department;
(j) the landlord is a Local Council; Scottish Homes; a registered Housing Association or a co-operative Housing Association;
(k) the landlord is a housing co-operative;
(l) the landlord and tenant live in the same house or flat and have done so since the start of the letting - in other words the landlord is a resident landlord. 'But an unfurnished letting which began before 14 August 1974 is a regulated tenancy;
(m) the landlord, though not resident, shares living accommodation (such as a kitchen or a sitting room) with the tenant;
(n) the tenancy is of a house which consists of or comprises premises licensed for the sale of excl sable liquor for consumption on the premises;
(o) the tenancy is for the purpose of carrying on a business;
(p) the right to occupy the house is constituted by an agreement which does not create a tenancy. (Note: The distinction between a tenancy agreement and some other agreement is not always straightforward and you should always seek legal advice);
(q) the occupier is required to live in the house because of his job.
(r) the house is held under a shared ownership agreement.
3 What are the rateable value limits?
A house will almost always be within the rateable value limits if its rateable value on 31 March 1989 was £1600 or less. If in doubt, you should seek advice.
Note: Domestic rates ceased to be payable on 1 April 1989, but copies of the valuation roll are still available for inspection. in local authority offices.
4 What is a short tenancy?
A short tenancy is a protected tenancy but has certain special features:
(a) the tenant must not have been a protected or statutory tenant of the house immediately before the short tenancy, unless the previous tenancy was itself a short tenancy;
(b) the tenancy must be for a specified period of not less than 1 year nor more than 5 years;
(c) the tenancy cannot be terminated before the specfied time unless the tenant fails to pay the rent or breaches some other requirement of the tenancy;
(d) the landlord must give the tenant a written notice before the tenancy begins telling him that it is a short tenancy and that the landlord is entitled to repossess the house at the end of the period;
(e) the rent must have been registered or if the landlord has a certificate of fair rent-he must apply for it to be registered within 14 days of the tenancy beginning (see Section E).
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