Protected Tenancy
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A protected tenancy is a kind of tenancy in the United Kingdom under the
Rent Act 1977 The Rent Act 1977 (c. 42) was an Act of Parliament passed in the United Kingdom. The Act introduced the protected tenancy in England and Wales. The organization setting the rent, the Valuation Office Agency, was known as the "Rent Office". See ...
,Astin, D. (2011) ''Housing Law: An Adviser's Handbook'', London: Legal Action Group, Chapter 3: Different Types of Tenancies which governs the law concerning
regulated tenancies A regulated tenancy is in English property law a kind of tenancy granted by a private landlord prior to 15 January 1989. There are two kinds of regulated tenancies under the Rent Act 1977 The Rent Act 1977 (c. 42) was an Act of Parliament passed ...
. Protected tenancies give a tenant both security of tenure and the right to a fair rent. Protected tenancies are relatively rare since the passage of the
Housing Act 1988 The Housing Act 1988 is an Act of Parliament in the United Kingdom. It governs the law between landlords and tenants. The Act introduced the concepts of assured tenancy and assured shorthold tenancy. It also facilitated the transfer of council hou ...
but protected tenancies that existed prior to the passage of this law continue to enjoy the greater security.Law, J. (2015) ''Oxford Dictionary of Law'', Oxford: Oxford University Press, p. 491 A protected tenancy is an ordinary contractual tenancy that protects the tenant's possession while it is in operation.Harpum, C., Bridge, S. and Dixon, M. (2012) ''The Law of Real Property'', London: Sweet and Maxwell, 8th edition, p. 1058 If a protected tenancy comes to an end and the tenant remains in occupation of the property than a statutory tenancy is created. Due to the passage of the Housing Act 1988 contractual tenancies entered into after 16 January 1989 can not be protected tenancies subject to exceptions outlined in section 34 of the Act. There were formerly two types of protected tenancies called controlled and regulated tenancies but all controlled tenancies have now been converted into regulated tenancies. (See
converted tenancy A converted tenancy is in English property law a type of tenancy that existed where a controlled tenancy was converted into a regulated tenancy A regulated tenancy is in English property law a kind of tenancy granted by a private landlord prior t ...
.)


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Rent Act 1977
{{Tenancies in the United Kingdom English property law Tenancies in the United Kingdom