What is right of possession?

Tenancy protection, also known as right of possession, is a form of protection for tenants that gives them the right to remain in their apartment even if the landlord requests that they move out. This protection is designed to give tenants peace of mind in their homes. However, there are a few rules and exceptions to this security of tenure that you should be aware of if you are planning to Rent your apartment/premises!

Security of tenure for first-time buyers

If a tenant is given a first-hand lease, they will have strong security of tenure from the first day they rent the apartment. However, the tenant can lose this protection if they misbehave, for example by not paying the rent, neglecting the apartment, unauthorized subletting or breaking the lease.

Security of tenure for subletting

If you sublet a rental property to a tenant for a period of more than 2 years, the tenant will have a security of tenure against you. This simply means that you cannot terminate the contract at any time. However, the security of tenure no longer applies if you decide to move back into the rental property. In the case of subletting, it is usually possible to agree to waive the security of tenure, which is done in a separate document alongside the rental agreement. This usually also needs to be approved by the Rent Tribunal to be valid.

Security of tenure for tenant-owned apartments, houses and lodgers

When a person rents a condominium, a house or lives with someone, they have no security of tenure.

Indirect protection of possession in the case of Rent premises

When a company or person rents premises, there is something called indirect security of tenure. This means that if the tenant has rented the premises for more than 9 months and the contract has not been terminated within that time, the tenant has indirect security of tenure on the premises. This means that the landlord can still give notice and the tenant has to move out of the premises, but they will usually receive financial compensation. The landlord can then receive financial compensation in the form of an annual rent, as well as compensation for moving costs, business losses and loss of property value.

Is it possible to contract away security of tenure?

Yes, in many cases the indirect security of tenure can be waived in a separate document to the rental agreement. This must clearly state that the tenant waives his/her security of tenure and it needs to be approved by the Rent Tribunal. If the lease is shorter than 5 years, it does not need to be approved by the Rent Tribunal. The more limited the lease, the more likely it is that the waiver of security of tenure will be approved by the Rent Tribunal.

When you Rent your apartment or premises through us, you can always trust that we are familiar with all the rules surrounding rentals and will help you through the entire process. We will help you draw up a rental agreement and handle the application for termination of tenancy protection on your behalf if necessary. Please do not hesitate to contact us if you have any questions. We are happy to help!

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