Secure tenancy meaning

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Rahimi v City of Westminster Council [2024] EWCA Civ 73 What are the practical implications of this case? The Court of Appeal offered valuable clarification on a body of law that has developed incrementally since Victorian times. The court distilled the following core propositions: To establish a surrender by operation of law of a joint tenancy, the party asserting it must prove that all joint tenants and the landlord were party to an arrangement inconsistent with the joint tenancy continuing. Where a tenant gives up possession and, at the tenant’s request or with the tenant’s consent, the landlord grants a fresh tenancy to a third party, that original tenant’s conduct is sufficient to amount to unequivocal behaviour. By contrast, permanently vacating a dwelling and asking for alternative accommodation does not amount to giving up possession; factual occupation is not the same as legal possession. When determining whether a surrender has occurred, the court may look at the whole course of conduct of...

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Variation of Will or intestacy after death—Q&As An instrument of variation can be used to alter how a deceased person’s estate is distributed under a Will or on intestacy. It is commonly executed by deed. To secure effectiveness—typically to obtain favourable inheritance tax (IHT) and capital gains tax (CGT) treatment under section 142 of the Inheritance Tax Act 1984 (IHTA 1984) and section 62(6) of the Taxation of Chargeable Gains Act 1992 (TCGA 1992)—certain formalities must be met. These include that the deed is in writing, contains the requisite statement applying the statutory provisions, is not made for any extraneous consideration, and is signed by all relevant parties, including the deceased’s personal representatives (PRs) where additional tax would otherwise arise. For guidance on deeds of variation, see Practice Note: Variation of Will or intestacy after death. See also Practice Note: Post-death rearrangements. Compliance with these requirements will usually deliver the intended IHT and CGT position. The formalities for execution of variation should be followed accordingly. Precedent deed of variation...

Cohabiting partners typically do not enjoy the same rights as a spouse or civil partner when their partner dies, regardless of relationship length or whether the couple are same- or opposite-sex. This Practice Note highlights how a cohabitant’s entitlements on a partner’s death differ from those of a spouse or civil partner in relation to tenancies, tax, intestacy, pensions, bereavement benefits and fatal accidents. See also Practice Notes: Family provision claims—the cohabitant and Family provision claims—practice and procedure. Tenancies A cohabitant, spouse or civil partner is equally able to succeed to: a protected agricultural occupancy under the Rent (Agriculture) Act 1976 a regulated tenancy under the Rent Act 1977 an assured tenancy under the Housing Act 1988 a secure tenancy under the Housing Act 1985, which may carry conditions for pre-1 April 2012 tenancies See also Practice Note: Occupation of the family home—cohabitants. Tax On death, the disadvantages of the tax position for cohabitants may become clear....

FORTHCOMING CHANGE On 27 October 2025, the Renters’ Rights Act 2025 obtained Royal Assent. For guidance on the Act’s effect on residential tenancies in England, see Practice Note: Renters’ Rights Act 2025—key provisions. This Practice Note sets out mortgagee possession claims, including the mortgagee’s right to seek possession and their duties once in possession, the mortgagor’s right to request time to pay under the Administration of Justice Act 1970, the position of any tenants of the mortgagor, the pre-action protocol, and the process for bringing a claim. For guidance on the range of remedies available to mortgagees, see Practice Note: Mortgages and land—enforcement of mortgages and legal charges over land. The right to possession Where a mortgagor has fallen into default, the mortgagee will often wish to sell the property and may first need to secure possession. However, it is also possible to: sell without taking possession: a sale subject to a tenancy can be especially attractive for a commercial property let at a...

The answer on the contractual provisions in the tenancy agreement. On the face of it, the tenant must secure consent before commencing any works. Where that applies, the tenant cannot compel the landlord to grant consent after the fact for alterations, save where the landlord chooses to agree. Should the landlord decide to issue consent retrospectively for any alterations, the landlord will set out the conditions and requirements on which such consent is given. These may include timing, scope, reinstatement, and any associated costs...

Under the Housing Act 1985 (HA 1985), tenants and leaseholders may make improvements to their homes, provided they secure the landlord’s consent in advance of commencing any repairs, and that they observe and comply with certain specified applicable relevant conditions. The Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) entitles secure tenants of local authorities to seek compensation, at the close of their tenancy, for improvements they have lawfully undertaken and completed. Housing Corporation Circular HC33/94 widened the LRHUDA 1993 scheme to include tenants of registered social landlords, for example, housing association tenants, bringing them within scope...

Under the Renting Homes (Wales) Act 2016 (RH(W)A 2016), two categories of occupation contract exist: secure and standard. Standard contracts can be fixed term or periodic, whereas secure contracts are always periodic; see RH(W)A 2016, ss 1 and 8. Generally, an occupation contract with or adopted by a community landlord (as defined in RH(W)A 2016, s 9) will be secure, and one with or adopted by a private landlord (as defined in RH(W)A 2016, s 10) will be standard. This reflects the Act’s general rule, applying to such occupation contracts...