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Long residential leases

Series: Estates Gazette ; (0201) 5 January 2002, 71(1)Publication details: 2002Subject(s): Summary: The new regime governing the expiry of long residential tenancies has been in place since January 1999. Discusses a recent High Court ruling - "R v London Rent Assessment Committee ex p David Morris" - which exposes an unexpected glitch in the regime. A conflict between the intended regime of security and the subsequent replacement of a rateable value with a rent limit, not recognised by those who drafted the legislation, was revealed. The key points to come out of the ruling are that where a long residential tenancy expires a tenant is entitled to an assured periodic tenancy, but the landlord is entitled to a market rent even if this is at a level that takes the tenancy out of the assured regime.

The new regime governing the expiry of long residential tenancies has been in place since January 1999. Discusses a recent High Court ruling - "R v London Rent Assessment Committee ex p David Morris" - which exposes an unexpected glitch in the regime. A conflict between the intended regime of security and the subsequent replacement of a rateable value with a rent limit, not recognised by those who drafted the legislation, was revealed. The key points to come out of the ruling are that where a long residential tenancy expires a tenant is entitled to an assured periodic tenancy, but the landlord is entitled to a market rent even if this is at a level that takes the tenancy out of the assured regime.

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