Tenant
A tenant is the occupier of a leasehold estate or, in simple terms, someone who occupies land or property that they rent from a landlord.
A business tenant is somebody who rents or leases the place where they conduct their business. The Landlord and Tenant Act is the governing legislation for landlords and business tenants.
Rent is the payment made by the tenant (or lessee) to the landlord (or lessor) for the temporary use of land, a building, a flat, and so on. The payment is usually made periodically during the time the land, etc. is being used or occupied.
Periodic tenancies that continue on a weekly or monthly basis cannot be subject to more than one rent increase per year by the landlord without the tenant’s agreement.
A fixed-term tenancy, which runs for a defined time period, allows the landlord to increase the rent only if the tenant agrees. Without agreement, the rent can only be increased when the fixed term ends and before it is renewed. However, virtually all commercial leases issued in the UK will contain a provision allowing the landlord to periodically adjust the rent payable by the tenant.
The following obligations apply to any tenancy:
- The landlord must get the tenant’s permission before the rent can be increased by more than previously agreed.
- The rent increase must be fair, realistic, and not out of keeping with average local rents.
- The procedure for increasing rent set out in the tenancy agreement must be adhered to.
- Without such a procedure in the tenancy agreement, the rent can only be increased at the end of the fixed term.
- If the tenancy is weekly or monthly the landlord must give a minimum of one month’s notice for rent increases. If the tenancy yearly then they must give 6 months’ notice.
- Landlords can pursue eviction procedures if a tenant falls behind with rent payments.
Deposits are usually paid by new tenants to landlords to secure the property and provide security in the event of default, or damage to the property. If a home is rented on an assured shorthold tenancy (AST) that started after 6 April 2007, the landlord must put the deposit in a government-backed tenancy deposit scheme (TDP).
Tenants of council housing can form themselves into a group or body known as a tenant management organisation (TMO) which allows them to collectively manage their homes.
[edit] Related articles on Designing Buildings
- Agricultural tenancy.
- Assured private tenancy.
- Assured shorthold tenancy.
- Code of practice for letting and managing agents.
- Excluded occupier.
- Failure to notify tenant.
- Homes (Fitness for Human Habitation) Act 2018.
- Housing tenure.
- How to evict a tenant.
- Landlord.
- Landlord and Tenant Act.
- Leasehold.
- Occupier.
- Rent.
- Rent review.
- Resident.
- Right to rent.
- Section 8 notice.
- Section 13 notice.
- Section 21 notice.
- Social housing.
- Subletting.
- Tenancy deposit protection.
- Tenant management organisation.
Featured articles and news
New apprentice pay rates coming into effect in the new year
Addressing the impact of recent national minimum wage changes.
EBSSA support for the new industry competence structure
The Engineering and Building Services Skills Authority, in working group 2.
Notes from BSRIA Sustainable Futures briefing
From carbon down to the all important customer: Redefining Retrofit for Net Zero Living.
Principal Designer: A New Opportunity for Architects
ACA has launches a Principal Designer Register for architects.
A new government plan for housing and nature recovery
Exploring a new housing and infrastructure nature recovery framework.
Leveraging technology to enhance prospects for students
A case study on the significance of the Autodesk Revit certification.
Fundamental Review of Building Regulations Guidance
Announced during commons debate on the Grenfell Inquiry Phase 2 report.
CIAT responds to the updated National Planning Policy Framework
With key changes in the revised NPPF outlined.
Councils and communities highlighted for delivery of common-sense housing in planning overhaul
As government follows up with mandatory housing targets.
CIOB photographic competition final images revealed
Art of Building produces stunning images for another year.
HSE prosecutes company for putting workers at risk
Roofing company fined and its director sentenced.
Strategic restructure to transform industry competence
EBSSA becomes part of a new industry competence structure.
Major overhaul of planning committees proposed by government
Planning decisions set to be fast-tracked to tackle the housing crisis.
Industry Competence Steering Group restructure
ICSG transitions to the Industry Competence Committee (ICC) under the Building Safety Regulator (BSR).
Principal Contractor Competency Certification Scheme
CIOB PCCCS competence framework for Principal Contractors.
The CIAT Principal Designer register
Issues explained via a series of FAQs.
Comments
[edit] To make a comment about this article, click 'Add a comment' above. Separate your comments from any existing comments by inserting a horizontal line.