Renting
There are different rules for different
types of property and rental agreements, and also depending on whether
you have a Council Tenancy or Private Accommodation.
Types of tenancy
Broadly, the three types of tenancy
(private accomodation) are:
1. Assured shorthold tenancy – a tenancy begun on or after 28th February 1997 will be an assured shorthold tenancy unless stated otherwise in writing.
2. Assured tenancy – a tenancy started between 15th January 1989 and 27th February 1997 will be an assured tenancy unless the landlord stipulated in writing that it is an assured shorthold tenancy.
3. Regulated or Protected tenancy – a tenancy started before 15th January 1989 is likely to be a regulated or protected tenancy.
There are different time periods for
which tenancies can last and these have different names:
Fixed-term, which means the tenancy lasts for a limited
period; six months or a year, for example. If neither tenant nor landlord
gives 'notice to quit' at the end of that fixed period, the tenancy
automatically becomes a Periodic tenancy which has
no fixed end date. After a longer period of time, a tenancy can become
a Statutory Periodic tenancy which is the most secure
and can only be ended by the landlord getting a possession order.
Renting in both
names
If you decide to rent a property together,
the rental agreement will recognise you both equally as tenants of
the property. This does NOT mean that you are each only responsible
for half of the rent. If any problems should arise, for example, if
one of you decides to leave the property, the other tenant is liable
for the whole rent obligation. Always make sure you have seen a copy
of the rental agreement.
Renting in one person's name
If the tenancy is only in one partner's
name, the other has no automatic right to remain in the property if
the couple part. If you ever split up you will have to negotiate with
the landlord the possiblity of transferring the tenancy to another
name. You will have no right to compel the landlord to do this, and
your success will depend on how good a relationship you have with
him or her.
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