Knowledge Centre
Find the meaning of various terms related to renting & letting here.
When renting a new home, there's more to consider than simply picking a property and moving in. Especially when you're searching for a rental for the first time, there are several things to keep in mind. If you're new to the world of renting, you'll likely come across terms you're not familiar with, such as delivery condition, rent protection, and the rent tribunal. These are terms you really should know when you're renting a place on your own, as it's likely you'll deal with one or more of these aspects.
Tenant protection
What does this mean?
Tenancy protection essentially means that a landlord cannot just terminate the lease of a property from one day to the next. This implies that a landlord cannot simply evict tenants without due process. Tenancy protection ensures that the landlord can only terminate the rental agreement in writing with a legally valid reason.
When am I entitled to tenancy protection as a tenant?
Anyone renting a house, apartment, room, or mobile home (pitch) is entitled to tenancy protection. It does not matter whether they are free sector properties or social housing. The co-tenants, housemates, or subtenants of these dwellings are also entitled to tenancy protection. Special rules sometimes apply to lodger rooms, student rentals, and temporary leases. This means that landlords may find it easier to terminate leases for these types of properties.
There are also types of rental properties where tenants are not entitled to tenancy protection. This applies to shop dwellings, service dwellings, recreational homes, and berths for houseboats. Residents of these types of properties can seek advice from the Legal Aid Desk in disputes with their landlord.
What must I arrange to obtain tenancy protection?
Anyone renting one of the above-mentioned types of properties where tenants are entitled to tenancy protection automatically has this right and does not need to apply for it. Even tenants without a written lease but with a verbal agreement are entitled to tenancy protection. However, such verbal agreements can be more difficult in case of a dispute, as the burden of proof is often lower.
When can the landlord terminate the agreement even with tenancy protection in place?
As we previously explained, tenancy protection ensures that the landlord can only terminate the lease in writing if there is a legally valid reason. These legally valid reasons include: breach of contract, urgent personal use, and a valid zoning plan. Breach of contract means the tenant does not act as a responsible tenant, such as causing nuisance or having payment arrears. Urgent personal use means the landlord wants to use the property themselves. Certain conditions apply to this, such as the landlord urgently needing the property and the landlord's interest outweighing that of the tenant, and sometimes it must first be shown that the tenant can obtain suitable alternative accommodation. With a valid zoning plan, the landlord can terminate the lease if they wish to build a new property on the rental location that fits within the zoning plan. Realisation of the zoning plan must be necessary, and the landlord must pay a relocation compensation to the tenant.
For all the aforementioned reasons for terminating the contract, there is a mandatory notice period that the landlord must adhere to. This notice period is at least three months, but for each year the tenant has lived in the property, one additional month is added. Therefore, if the tenant has lived in the property for two years, the landlord must comply with a notice period of five months. This notice period cannot exceed six months in total.
Rules for living spaces with limited tenancy protection
As we explained earlier in this text, there are several types of accommodations for which slightly different rules apply regarding tenancy protection and the termination of the agreement by the landlord. Below we provide an overview of these accommodations and the applicable rules:
Lodger rooms
A lodger room is a room rented out by a landlord in the house where they themselves also reside. For lodger rooms, there is a probation period. This means the lease can be ended within the first nine months without giving a reason but with a notice period of at least three months. After the probation period, the normal tenancy protection rules apply.
Temporary rentals
If you entered into a temporary contract for a fixed term on or after 1 July 2016, the lease ends automatically upon expiration of the contract. The landlord is required to confirm this in writing to the tenant between one and three months before the lease ends.