Housing Act 1988 Tenancies Flashcards

1
Q

Housing act 1988

A

15.01.89

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2
Q

What are two types of tenancies created under housing act 1988

A

Assured tenancy AST s

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3
Q

How aASTs were created

A

By serving section 20

Could only be min 6 months

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4
Q

What changes were brought in by Housing Act 1996

A

Tenancies crated after 1997 were automatically ASTs
No need for section 20
U can create less than 6 months ASTs
To create assured tenancy u must advise in writing

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5
Q

Keys points if assured tenancy

A

Gives tenant more protection in case of eviction
Landlord has to seek possession serving section 8
Section 21 can not be served
Needs to be created by express wording

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6
Q

Keys points of ASTs

A

Created automatically
Gives limited security of tenture for tenants
No min time Periot
Section 21 or 8 can be used

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7
Q

State when assured it ASTs can only be created :

A

Tenant is individual
Property is tenants only or main home
Landlord is not residential landlord
Rent is not over 10k

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8
Q

Can tenant challenge rent

A

Tenants with ASTs using section 22 of housing act 1988 can challenge rent within first 6 months of the tenancy
Tenant can apply to First Tier tribunal fir review

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9
Q

Proper way to review rent by landlord

A

Fix term has to end

Lab flute can review rent under section 6 or section 13 of housing act

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10
Q

When can you serve section 6 rent review

A

It has to be served within 12 months of fix term coming to an end
Must give tenant 3 months to challenge notice by referring thus to FTT
Otherwise it’s the term of the tenancy

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11
Q

When section 13 rent review can be served

A

Section. 13 must be served at the end of fixed term
If rent is paid monthly notice is 1 months
Otherwise upto 6 months

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