Housing Act 1988 Tenancies Flashcards
Housing act 1988
15.01.89
What are two types of tenancies created under housing act 1988
Assured tenancy AST s
How aASTs were created
By serving section 20
Could only be min 6 months
What changes were brought in by Housing Act 1996
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
Keys points if assured tenancy
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
Keys points of ASTs
Created automatically
Gives limited security of tenture for tenants
No min time Periot
Section 21 or 8 can be used
State when assured it ASTs can only be created :
Tenant is individual
Property is tenants only or main home
Landlord is not residential landlord
Rent is not over 10k
Can tenant challenge rent
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
Proper way to review rent by landlord
Fix term has to end
Lab flute can review rent under section 6 or section 13 of housing act
When can you serve section 6 rent review
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
When section 13 rent review can be served
Section. 13 must be served at the end of fixed term
If rent is paid monthly notice is 1 months
Otherwise upto 6 months