Government Questions the Use of Common Law Tenancies

Lord Greaves, a Liberal Democrat member of the House of Lords, has questioned the Government over the use of Common Law Tenancies for private rental housing.

Lord Greaves posed the question to the Department for Communities and Local Government, asking whether the Government has “made an assessment of the use of Common Law Tenancies for the provision of housing accommodation”.

Government Questions the Use of Common Law Tenancies

Government Questions the Use of Common Law Tenancies

He also asked for the Government’s estimate of the number of Common Law Tenancies used for the provision of private housing.

Lord Bourne of Aberystwyth, the Parliamentary Under-Secretary of State for Communities and Local Government, responded: “There are an estimated 4.3m households in the private rented sector in England. The majority, 85%, are statutorily protected tenancies (Assured, Assured Shorthold and Regulated Tenancies).

“The Government has not made any estimate of how many of the remaining 15% (which includes tenancies and licences granted by resident landlords, educational establishments and others) are Common Law Tenancies.”

Are you the landlord of a Common Law Tenancy?

If so, do you believe that the Government should assess how many rental properties in the UK are covered by Common Law Tenancies?

Lord Greaves raised the question in Parliament in order to establish how many renters are living in insecure tenancies. As Common Law Tenancies typically operate under common law rules, they offer very little statutory security of tenure.

One main difference between Common Law Tenancies and Assured Shorthold Tenancies (ASTs) is that landlords are entitled to possession of their property at the end of a tenancy without serving notice to the tenant under a Common Law Tenancy.

Do private tenants deserve protection from Common Law Tenancies?

Our informative guide to ASTs explains exactly what this type of tenancy includes and why it is the most common type in the UK’s private rental sector:

Remember to keep up to date with your responsibilities under the different types of tenancies available.

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