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Security of tenure: the way forward

Andrew Dymond analyses the Law Commission’s
proposals

5 July 2002

The Law Commission’s consultation paper Renting Homes 1: Status and Security proposes radical revision of security of tenure in residential accommodation. Although necessarily working within the general framework of current housing policy, the Commission’s wide-ranging proposals constitute a fundamentally new approach to housing status. This far-reaching paper may be seen as the first step towards a code of housing law. The aim is to reduce the extraordinary complexity in this area which has been generated by layers of legislation made by successive governments. Linked to this is an adoption of a ‘consumer approach’ by making the tenancy agreement the key document which sets out in plain language all the landlord’s and the tenant’s rights and obligations. Housing status In contrast to the present position, tenants’ status will no longer depend on their landlords’ identity. This is related to a general aim to reduce the disparities between tenants ...

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