The tenancy trail


This is probably a Tenancy.

Some information about tenancies:

A tenancy is a type of lease, one of the two ‘legal interests in land’ which can exist in law (section 1 of the Law of Property Act 1925).  So the tenant will in a sense ‘own’ the property leased for the period of the tenancy.

In this website, we tend to refer to short leases of three years or less as tenancies and longer leases (which will mostly have a term of at least seven years or more) as leases.

A tenancy (or lease) can be either for

  • a whole property (be it a house or a flat) or for
  • just one or two rooms within a property – where the tenant will just have ‘exclusive occupation’ of their bedroom and will share the rest of the house with the others.

In most cases, this is still a tenancy, even if the document signed by the parties describes the letting as a license.

There are many differences between a short lease (ie less than three years) and a longer lease. but they also have many similarities.

The most important of these is perhaps the ‘ covenant of quiet enjoyment‘.  This is one of those legal phrases which has a different legal meaning from ordinary conversation.  It does not mean that the tenant is entitled to a quiet environment or that he must be able to enjoy himself.  It means that the tenant is entitled to live in the property in peace and without interference from the landlord.

There are many other rights and obligations for both landlords and tenants which come with a tenancy and information about these make up a large part of the content of this website.

Follow the tenancy trail further to find out what sort of tenancy you have.