Do Tenants Have Rights After 3 Years?

Is your tenant approaching the 3-year mark in their tenancy? Maybe you’re wondering if you need to give them more right after all that time?

Tenants do not gain more rights after three years, nor after seven or ten years. Rights as a tenant remain the same no matter the length of occupancy. This is a common misconception, perhaps brought on by legislation in 1989. Those who have occupied their tenancy since before 1989 have more rights.

Here are the details on the tenants who do get more rights than others in the UK, as well as the rights tenants should expect no matter when their tenancy started.

Rent Act 1977

Very few people still qualify for this type of tenancy, and that number is ever dwindling. Tenants who still benefit from the Rent Act 1977 are those who still occupy a tenancy that they acquired prior to 1989.

On 15 January 1989, the Housing Act of 1988 was enforced, meaning that any future contracts would adhere to that law rather than the Rent Act 1977. However, that did not apply to those who already had a tenancy agreement, and any of those contracts that still stand today are only subject to the Rent Act 1977.

Tenants under the Rent Act 1977 have greater rights. The first is the right to register for a “fair rent.” This rent is markedly lower than market rent prices, which is a nice bonus for maintaining the tenancy for so many years.

Another right they get is the security of tenure, which means they are harder to evict. So, unless they massively breach their contract, they can almost always keep their tenancy.

Finally, they also have the right to pass on their tenancy when they die. People usually leave it to their spouse, but sometimes it can be left to another family member if the circumstances are right. Whether this means that we will see any Rent Act 1977 tenancies stay active because they are being passed down the generations remains to be seen.

However, the number of these tenancies that remain continues to dwindle as time goes on, and if this isn’t the sort of tenancy your tenant holds, then you don’t need to worry about it. (Source)

Do Sitting Tenants Have More Rights?

Another misconception hangs around the term “sitting tenant.” Sitting tenants do not have more rights than other tenants. This misconception may have arisen from the situation that sitting tenants find themselves in because that’s what a sitting tenant is: they don’t have a different kind of contract, but they may be more inclined to bring up the contract’s terms.

A sitting tenant is defined as someone who occupies a property that the landlord wants to sell. So, while their rights aren’t any different from any other tenant’s rights, they may be more inclined to read up on their rights so that they can make sure that their rights and their contract are upheld as their landlord transacts away the property.

Sometimes sitting tenants have occupied the property long enough that they have the protected rights of the Rent Act 1977, in which case their tenure remains. If not, the new landlord will usually take ownership of the contract and will therefore be responsible for the landlord’s duties as dictated by that contract.

The new landlord doesn’t have any more right to evict the sitting tenant than the old landlord did. If they wanted to evict the tenant, they would have to issue a Section 21 notice, just as the old landlord would have done. Otherwise, the tenancy will continue until the date determined in the contract.

Tenants Rights Today

Sitting tenants shouldn’t be the only renters who know their rights. Every renter should know their rights, what they are entitled to, and what sort of landlord behavior they are protected from. The world of renting can be hard to navigate, and some landlords don’t know what rights their tenants have. Here’s what you need to know.

Landlord’s Name and Address

First, every tenant in the UK has the right to know who their landlord is, including their name and address. Tenants should be able to contact them when repairs need to be made or other such problems or emergencies arise. Under Section 48 of the Landlord and Tenant Act 1987, rent is not legally due until the landlord has delivered that address in writing.

However, if your tenant withholds rent because you haven’t supplied this information, all of the previous rent comes due when the information is delivered. Smart tenants will set aside the rent money instead of spending it, but others may not, so I recommend giving them that information as soon as possible.

Safe Property

Tenants have the right to a safe property, meaning that the property they are renting must have a kitchen and bathroom that both operate acceptably, and there should be no safety hazards. If there are safety hazards or the utilities provided by the contract don’t work properly, they are to contact their landlord and get those issues resolved.

If the landlord doesn’t fix the problem, they can report it to the local council or seek advice from organisations like Shelter and Citizens Advice.

No Unfair Evictions

Landlords are not allowed to threaten eviction verbally or by letter. They can only evict tenants through a court order, which must be given at least two months ahead of time.

No Unfair Rent Increases

Landlords cannot increase rent just by sending their tenants a message. A rent increase can only be put in place if it’s agreed upon in a new contract that you both sign. If the tenant doesn’t agree to it, they don’t have to sign it and they can find a different place to live.

Deposit

Tenants have the right to get their deposit back at the end of their tenancy. Landlords are only allowed to withhold it if the tenants have caused major damage to the property. Even then, landlords can only keep some of the deposit. The deposit can’t be withheld for normal wear and tear. (Source)