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long tenancy


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For statutory purposes, a fixed-term tenancy for a period exceeding 21 years. Where the rent is less than two-thirds of the property's rateable value, the tenancy is excluded from being an assured tenancy. However, it will qualify for special protection if it would have been a protected tenancy had the rent not been a low one. This allows the tenant to continue the tenancy beyond the fixed term. In such cases, if the landlord wishes to terminate the tenancy at the end of the fixed term, he must serve a statutory notice at least 6 months, but not more than 12 months, before the end of the tenancy. In this notice he can either propose a statutory tenancy (the terms of which must be agreed with the tenant or settled by a court) or he can claim the right to resume possession of the premises. In the latter case he must have statutory grounds for possession, which correspond to those required for possession of a protected tenancy. If the tenant contests this notice, the landlord must apply for a court order for possession. If this is refused, the tenant will be entitled to a statutory tenancy. Long tenancies made after the coming into force of the Housing Act 1988 are not protected in this way because no new protected tenancies can be made after that date. See also enfranchisement of tenancy.

Subjects: Law.


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