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Residential tenancies created before 15th January 1989 may be Rent Act or “regulated” tenancies. The main feature of these tenancies is that they give the tenant security of tenure unless one of the exceptions apply or the landlord has grounds for applying to the court to make an order for possession. The general position is that it is very difficult to obtain possession of a property which is occupied by a Rent Act tenant.

We have always had an interest in Rent Act cases and have represented both landlords (who invariably want possession of the whole or part of the property) and tenants (who either want to remain in possession, or who are prepared to give up possession in return for compensation). Because of the dwindling number of properties occupied by Rent Act tenants there are not many claims for possession. However, in our experience where there are claims the most common grounds are: suitable alternative accommodation; the tenants having another home (“two homes” cases); and sub-letting.

If you are a landlord with a Rent Act tenant we are prepared to carry out a review without charge. Please contact us to discuss.