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Tenant or Renter and the language of law

April 19, 2018 by Ben Reeve-Lewis

Oath of fealty
Tenant taking an Oath of Fealty

‘Cognitive Linguistics’

I have long been interested in the effects that language has on our perceptions of a situation.

Cognitive linguistics, its called and I confess to being an amateur spectator on this in landlord-tenant terms.

How renting came about

The British renting system goes right back to William the Conqueror and mediaeval, French feudal systems.

Under this system, all of the land in the UK is owned by the crown, below which is the granting of various estates, or interests in land, among which freeholds and tenancies are but a part.

This feudal system is where the common language used in rental agreements comes from and where the twin terms, Landlord and tenant are derived.

But thinking linguistically

Many people I meet, are none too comfortable with the standard terms.

Such as ‘Tenant’, precisely because of its feudal connotations in a time where a purse full of Groats and a flagon of Mead have been replaced by online banking and Vodka with gold leaf in it.

I have noticed in very recent times, that even newspapers tend to use the term “Renters” these days, as opposed to other descriptors.

This is more legally accurate because there are different types of security of tenure conferred on people paying rent for a property. Not everybody is a tenant, so ‘Renters’ seems a very apposite term, precisely because of its wider definition.

Speaking from experience

Three years ago I did a consultancy job for a local authority social lettings agency, who were opening up a high street shop in their district.

I submitted my report but was asked to amend a few bits, notably where I had used the word “competition”, because that very word had the potential to upset members, voting on a strategy, who were more used to the traditional language of a not for profit sector and who might be uncomfortable with business language.

So is it ‘consumer’ or ‘customer’?

I was reminded of these distinctions this week when helping to compile a bid for funding for a project where we hotly debated whether or not to use the term “consumer” when referring to renters.

Due to my own history working in the not for profit sector I found myself automatically shifting uncomfortably in my seat at the term “consumer”.

I have long hated the local authority fashion of referring to homeless people as “customers”, suggesting that if they don’t like what Camden council are telling them, they can go to IKEA????? Customers my arse.

The word “customer” implies a sense of choice, which homeless people don’t have.

Same as ‘affordable rent’. Who dreamt that one up? A rent level that is 80% of the market rent is suddenly affordable?

Housing is awash with BS political linguistics.

But back to Consumers

It actually has a legal precedence.

Up until very recently, tenants weren’t covered by consumer laws but now they are. Landlords and agents are counted as traders and renters as consumers, with comparative legal rights to people buying a washing machine that doesn’t work.

The law is about to recognise that renters have no contractual role in the activities of letting agents, such contractual obligations being solely between the landlord (principal) and their agent, hence the coming of banning fees charged to tenants.

Under consumer law, a renter who has been mis-sold their accommodation can now back out of a fixed term tenancy, known as “unwinding a tenancy”, in a way that they couldn’t before, simply because, instead of being tied into William the Conqueror style legislation as a vassal or serf, they are now regarded as consumers, with more rights than Windy Miller once had.

If we think of tenancy rights in terms of consumer legislation, where will that take our thinking and behaviours, as against a system of medieval renting law and hierarchies of land ownership?

Are ‘consumers’ more empowered?

As consumers – aren’t renters more empowered than they would be as subordinates to an owner of land, based on a descending system of allodial ownership, owners in fee simple, leasehold owner etc?

Re-Defining tenants as consumers may smack of QVC shopping Channels but in real terms, does it not also smack of a break out from a centuries-old feudal system, based on class, power and privilege, and shouldn’t we embrace that?

Might changing the language also gradually change how many landlords and tenants feel about each other? The resentments that are subtly underpinned by a feudal language that is no longer appropriate.

One landlord I spoke to said to me:-

“I don’t own any land and I’m nobody’s lord”

and I get that and many tenants have an inbuilt dislike of the notion that somebody else owns their home and could turf them out of it if they have done nothing wrong.

Is it possible that some tenants may be less inclined to not pay their rent if they didn’t have an unconscious mental picture of their Land –“LORD”, using their rent money to put Venison on the table, while they chuck stray bones to the dogs laying in the Baronial hearth, before wiping grease off their face with their leather cuff and grabbing a passing serving wench?

In my experience

In my years of negotiations between parties, I hear both views expressed and am convinced that entrenched attitudes are supported by the legal language used to describe what is going on.

The Northern Ireland peace deal was finally achieved after years of very careful attention being paid to the words used in the agreement. It really is that important.

So, in the comments column of our funding application, I have written:-

“Lets go with ‘Consumers’ and hang the consequences”.

 

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About Ben Reeve-Lewis

Ben is a founder Member of Safer Renting, an independent tenants rights advice and advocacy service working in partnership with the property licensing and enforcement teams from a number of London boroughs.

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Comments

  1. Tessa Shepperson says

    April 19, 2018 at 7:42 AM

    An interesting article. It also raises the question of words having different meanings to lawyers and ‘lay people’ ie non-lawyers.

    As Ben rightly says, ‘renter’ is a good term because it includes lodgers and licensees in serviced accommodation which are not tenants. But who all (confusingly) have landlords.

    However, when looking at those renters rights you need to know whether they are (for example) a lodger or a tenant as their rights are very different. So is it better to call them by their ‘proper’ name from the start so we know what we are really talking about?

    Then the Home Office threw a spanner in the works by defining ‘tenant’ in their right to rent legislation as including licensees! Which upset a lot of housing lawyers …

    Then when you think about it, ‘consumer’ is an odd word as presumably it means originally ‘one who consumes’ but how can you consume a house? Particularly if you are living in it …

  2. hbWelcome says

    April 19, 2018 at 10:05 AM

    ‘Rentier’ is the Marxist term for landlord I believe;

    https://en.wikipedia.org/wiki/Rentier_capitalism

    But despite best efforts of the far left press, it has never caught on. Far too farcically confusing in an already confusing subject. The Judean Renter’s Front or the Rentier’s front of Judea?

    At the risk of upsetting a few snowflakes, it’s probably best sticking to the non-Politically Correct landlord and tenant.

  3. Lawcruncher says

    April 20, 2018 at 4:27 PM

    The word “renter” is I think best avoided for two reasons. First, it can refer to both landlord and tenant. See for example the definition in Collins:

    1. a person who lets his or her property in return for rent, esp a landlord
    2. a person who rents property from another; tenant

    Secondly, Googling has revealed that the word also means “male prostitute”.

    Personally, I find nothing wrong with the word “tenant”. Someone with a six month AST and someone with a 999 year lease are both tenants. By all means call those with long leases “leaseholders” if you want to, but let’s not try and find a new to cover “tenant”. Everyone knows what a tenant is and new words may lead to confusion.

The Enforcement Officer's story

Ben Reeve Lewis

Ben Reeve LewisBen Reeve Lewis has worked for Local Authorities for over 20 years.

First as a Tenancy Relations Officer and now as a freelance Enforcement Officer.

He is a regular writer for the Landlord Law Blog and has also appeared on TV - for example in the first series of Channel Five's Nightmare Tenants, Slum Landlords.

In these posts, he talks about his work trying to help poor tenants in London and track down the criminal landlords who exploit them.

As well as giving his views - based on his experience as a practising enforcement officer - of government policy and practice.

The business models of criminal landlords explained

This is a short series explaining how criminal landlords operate.

  • How tenants are a crop for criminal landlords to harvest
  • Why the real rogue landlords are all about the money
  • Aliases and fake companies in the rogue landlord world
  • How Criminal landlords use dodgy contracts and misdirection
  • The Criminal business model of ‘Rent to Rent’
  • Accommodation models for Criminal Landlords
  • Tackling the problem

An interview with Ben Reeve Lewis (on 18/5/18)

Some recent Posts

(The most recent posts are at the top)
  • Court closures scandal
  • The Shocking truth about criminal letting agents today
  • Property Guardians Revisited
  • Common sense, law and the reality of renting
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  • Considering Housing MOTs
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  • Considering the New HMO Regulations
  • Select Committee Report
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  • Police colluding with landlors in illegal evictions
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  • Interim and Final Management Orders
  • Implied Surrender
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  • The state of our County Courts
  • What homelessness units say to tenants and why
  • The emerging trend of Meter Tampering
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  • How do we find slum properties?
  • The startling story of tenants who dare not ask for rent receipts
  • Does licensing landlords really do any good?
  • What do you really know about Rogue Landlords?
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>> Click here for more posts by Ben.

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