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Checking the tenancy type Print E-mail

Most people who rent privately are tenants. However, some people will be licensees. Tenants usually have more legal rights than licensees, so it is important to know whether you are a tenant or a licensee.

When will I be a tenant?

You will usually be a tenant if:

  • you live in a flat or house, and
  • you pay rent to your landlord, and
  • you don't share your home with your landlord, and
  • your landlord isn't a family member.

You can even be a tenant if you just have a room in a house that you share with people, other than your landlord.

Different types of tenancy

There are two main types of tenancy in Northern Ireland:

Protected tenants are less common but have more rights than all other tenancies .

What rights do tenants have?

All tenants have basic rights:

  • the right to a rent book
  • the right to four weeks notice to quit
  • your landlord must get a court order before evicting you
  • freedom from harassment and illegal eviction
  • if you tenancy started after 1st April 2007, you have the right to a written statement of tenancy terms - this is in addition to your tenancy agreement and rent book and this should be given to you free of charge.

You may have more rights if you have a protected tenancy. Your tenancy agreement may give you more rights.

Licensees

Licensees usually have fewer rights than tenants. For example, your landlord doesn't need to get a court order before evicting you. It can be difficult to work out if you are a licensee or a tenant. You may be a licensee if:

  • you don't pay rent
  • you are staying with friends or family
  • you are staying in a hostel
  • you are staying in student halls of residence
  • you are a lodger
  • your accommodation is tied to your job.

The laws about different types of tenancy are very complicated. Contact an advice agency if you are still unsure about what type of tenancy you have, or have been offered. You may have more rights than you think.

 
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Content on this site applies to Northern Ireland only.

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