Rent Act 1977: protected tenancies explained

If you or a family member has lived in a privately rented home since before 15 January 1989, you may have a protected tenancy under the Rent Act 1977. This is one of the strongest forms of security of tenure in English law. Here is what it means, what rights it gives you, and how to find out if it applies to you.

What is a Rent Act protected tenancy?

The Rent Act 1977 applies to most private tenancies that started before 15 January 1989 (the date the Housing Act 1988 came into force). Tenants with this type of tenancy are often called "Rent Act tenants" or "protected tenants."

The key features are:

• Security of tenure: a landlord can only evict you for specific statutory grounds. They cannot simply decide they want the property back.
• A fair rent: you can apply to have a fair rent registered by a rent officer. Once registered, neither you nor your landlord can charge above this figure.
• Succession rights: when a Rent Act tenant dies, a spouse, civil partner, or in some cases a family member who lived with them can take over the tenancy, sometimes for a second succession.

How do you know if your tenancy is a Rent Act tenancy?

Ask yourself (or the person whose tenancy it is):

• Did the tenancy start before 15 January 1989?
• Is it a private tenancy, not a council or housing association tenancy?
• Was it a residential letting of a separate dwelling?

If yes to all three, it is likely a Rent Act tenancy unless it was excluded (for example, if the landlord lived in the same property at the time the tenancy started, or if it was a holiday let).

Grounds for possession

A landlord with a Rent Act tenant cannot easily get them out. Possession can only be ordered on specific grounds set out in the Rent Act. These grounds are divided into:

Mandatory grounds, the court must order possession if the ground is proved. The most common are:

• The landlord lived in the property as their main home before letting it (Case 11)
• The tenancy was a holiday letting out of season (Case 12)
• Retirement home of the landlord (Case 14)

Discretionary grounds, the court has discretion. These include:

• Non-payment of rent
• Breach of tenancy obligations
• Nuisance or annoyance to neighbours
• Deterioration of the property
• The landlord needs the property for themselves or a family member (but only in limited circumstances)

The court must also be satisfied that it is reasonable to make an order under discretionary grounds.

What is a fair rent?

A "fair rent" is set by a rent officer, a government official, based on the size, condition and location of the property, but excluding the effects of scarcity. Once set, the fair rent is the maximum the landlord can charge. The rent is reviewed every two years.

Fair rents are almost always significantly lower than market rents. This is one of the most valuable rights of a Rent Act tenant.

If you believe you are a Rent Act tenant and your rent has not been registered, or if it has not been reviewed recently, you can apply to your local Valuation Office Agency (VOA) for a fair rent assessment.

Succession rights

When a protected tenant dies, certain family members may be able to succeed to the tenancy. The rules are complex but broadly:

• A surviving spouse or civil partner who was living with the tenant at the time of death has the strongest claim
• A family member who was living with the tenant for two years immediately before the death may also qualify for a succession, but typically with a statutory tenancy (which has fewer rights than a full protected tenancy)

There can be one or sometimes two generations of succession, but each changes the nature of the tenancy.

Disrepair and Rent Act tenants

Rent Act tenants have the same right to a home in repair as any other tenant. Section 11 of the Landlord and Tenant Act 1985 applies, as does the Homes (Fitness for Human Habitation) Act 2018. Some landlords believe that because the tenancy is old and the rent is low, they can ignore repairs. This is not the case.

If your home has disrepair, damp, broken heating, structural problems, you can pursue a disrepair claim, and fair rent protection means you may be able to afford to do so without fear of retaliatory action.

Getting advice

Rent Act tenancies are an area where specialist advice matters. Citizens Advice and Shelter can help you understand your rights. If you are facing eviction or a landlord who is disputing your protected status, a housing solicitor with experience in Rent Act cases is worth consulting.

When should I contact Support for Tenants?

If your Rent Act protected tenancy home has disrepair, call us on 0800 030 4669.

No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Rent Act 1977 (legislation.gov.uk)
• Section 11, Landlord and Tenant Act 1985 (legislation.gov.uk)
• Homes (Fitness for Human Habitation) Act 2018 (legislation.gov.uk)

Related articles

• Assured tenancy vs assured shorthold tenancy
• What is the difference between council and housing association?