protected periodic tenancy
📖 What is protected periodic tenancy? Meaning and definition
A protected periodic tenancy is a statutory tenancy, meaning its terms are largely governed by law rather than solely by a written agreement. These tenancies often commenced before 1988, as seen in the examples from 1987. A key characteristic is its 'periodic' nature, meaning it runs from period to period (e.g., week to week or month to month) rather than for a set number of years. The absence of a written tenancy agreement is common for these types of tenancies, as highlighted in the provided cases.
For tenants in a protected periodic tenancy, a significant benefit is that the rent is determined as a 'fair rent' by a Rent Officer or the First-tier Tribunal (Property Chamber). This process involves an assessment to ensure the rent is reasonable, and either the landlord or tenant can object to the Rent Officer's determination, leading to a tribunal review. The tribunal considers various factors and relevant law, such as Schedule 11, Part 1, paragraph 9(1) to the Rent Act 1977, when making its decision.
Another crucial aspect for these tenancies is the landlord's statutory repairing obligations. Unless it's a fixed periodic tenancy of 7 years or more, these tenancies are subject to Section 11 of the Landlord and Tenant Act 1985. This means the landlord is legally responsible for maintaining the structure and exterior of the property, as well as installations for essential services like heating and hot water. The tenant, however, is typically responsible for internal decorations.
📋 Requirements
- The tenancy appears to be a statutory protected periodic tenancy.
- The tenancy often commenced before a specific date, such as 1st November 1987 or 16th December 1987.
- There may be no written tenancy agreement.
- The tenancy is not for a fixed periodic tenancy of 7 years or more.
📝 Procedure
- A Rent Officer registers a fair rent for the property.
- If either the landlord or tenant objects to the registered rent, the matter is referred to the First-tier Tribunal (Property Chamber) (Residential Property).
- The Tribunal considers submissions from both parties and publicly available information.
- The Tribunal determines or confirms a fair rent, applying provisions from the Rent Act 1977.
💡 Examples
- A tenant living in a semi-detached house since 1987 without a written agreement has their rent reviewed by a Rent Officer, who sets a fair rent of £218.00 per week.
- A landlord objects to the fair rent determined by the Rent Officer for a property let since December 1987, leading to a tribunal hearing to decide the final rent.
- A tenant in a protected periodic tenancy relies on Section 11 of the Landlord and Tenant Act 1985 for the landlord to carry out essential repairs to the property's structure.
- The First-tier Tribunal uses its knowledge and experience, alongside information from the parties, to set a fair rent for a protected periodic tenancy, confirming the landlord's repairing obligations.
📚 Legal basis
- Landlord and Tenant Act 1985
- Rent Act 1977
- Transfer of Tribunal Functions Order 2013
❓ Frequently asked questions
What does 'periodic' mean in a protected periodic tenancy?
It means the tenancy runs for a specific period (e.g., weekly or monthly) and automatically renews at the end of each period until either the landlord or tenant ends it, rather than having a fixed end date.
How is the rent set for a protected periodic tenancy?
The rent is determined as a 'fair rent' by a Rent Officer. If either party disagrees, the First-tier Tribunal (Property Chamber) can review and confirm or set the fair rent, considering legal provisions like the Rent Act 1977.
Do I need a written agreement for a protected periodic tenancy?
No, many protected periodic tenancies, especially those that started a long time ago, do not have a written agreement. The terms are largely governed by statutory law.
What are my landlord's responsibilities for repairs?
For most protected periodic tenancies (unless it's a fixed tenancy of 7 years or more), your landlord has statutory repairing obligations under Section 11 of the Landlord and Tenant Act 1985. This generally covers the structure, exterior, and basic installations like heating.
Can my landlord easily evict me from a protected periodic tenancy?
Protected periodic tenancies offer strong security of tenure. Eviction is generally more difficult for landlords compared to modern tenancies and is subject to specific legal grounds. You should seek advice from a qualified solicitor if you are facing eviction.
What is the First-tier Tribunal (Property Chamber) (Residential Property)?
This is a legal body that handles disputes related to residential property, including reviewing fair rent determinations for protected tenancies when objections are raised by landlords or tenants.