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With the introduction of assured tenancies from 2 January 1989, the position of some regulated tenants, and their landlords, is affected. This section explains how the new Act affects their tenancy arrangements.
18 Do regulated tenancies come to an end on 2 January 1989?
No. Regulated tenancies entered into before 2 January 1989 will continue to operate in much the same way as before. A tenant whose tenancy began or is a result of a contract entered into before 2 January 1989 will continue to be a regulated tenant and will therefore continue to have security of tenure and a right to have his rent registered until such time as the tenancy ends and he leaves.
19 Does a new tenancy entered into on or after 2 January 1989 have to be an assured tenancy?
Most new lettings entered into on or after 2 January 1989 will be assured tenancies or short assured tenancies but in some exceptional circumstances a tenant taking up a tenancy after that date may be a regulated tenant. This may happen if:
(a) a regulated tenant moves to a different house owned by the same landlord;
(b) a regulated tenant dies and the tenancy passes to the husband or wife as a statutory tenancy; or
(c) an order for possession is granted on the basis that the regulated tenant is moved to suitable alternative accommodation, and the sheriff orders that the alternative accommodation must be let on a protected tenancy.
20 Can a regulated tenancy be changed into an assured or short assured tenancy on or after 2 January 1989?
A regulated tenant who remains in the same house, or moves to a house owned by the same landlord, will continue to have a regulated tenancy.
21 What if the contractual period set out in the lease of a regulated tenancy comes to an end on or after 2 January 1989? Can it then be changed into an assured or short assured tenancy?
No. At the end of a contractual regulated tenancy the ,tenant will become a statutory tenant with exactly the same. rights as during the contractual period of the regul-ated tenancy.
22 Can a short tenancy be changed into an assured or short assured tenancy,on or after 2 January 1989?
If a tenant has a short tenancy (see Question 4), any new letting of the same house or another house will normally be an assured or a short assured tenancy.
23 If on or after 2 January 1989 a regulated tenant moves to a house owned by another private landlord does he continue as a regulated tenant?
No. In these circumstances the tenant would be entering into an entirely new contract with a new private landlord and any tenancy on offer would be an assured or short assured tenancy.
24 Can a regulated tenant continue to apply for .registration of a fair rent on or after 2 January 1989?
Yes. This right is not changed.
25 Can a regulated tenant be made to leave his home because he does not accept an assured tenancy offered on or after 2 January 1989?
No. As explained in Question 20, if a regulated tenant stays in the same house or moves to another house owned by the same landlord he cannot be made to change his existing regulated tenancy into an assured or short assured tenancy. If a landlord attempts to evict a tenant because he will not agree to change to an assured tenancy or a short assured tenancy he may be guilty of a criminal offence-and liable to a fine.
26 If a landlord offers a tenancy of another house will that new tenancy be an assured tenancy?
No. A regulated tenant offered a new tenancy of a different house by the same landlord is not obliged to move unless his landlord obtains a court order. If he does move, the new tenancy will be a regulated tenancy. Any tenant who is unsure about the position when he is offered a new tenancy of a different house by his landlord should get advice before agreeing to move.
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