Landlord & Tenant Flashcards
Landlord and Tenant Act 1954
Part 1 - Security of Tenure for Residential Tenants
Part 2 - Security of Tenure for Business, Professional and other Tenants
Part 3 - Compensation for Improvements
Termination of a residential tenancy under the Landlord and Tenant Act 1954
The Landlord and Tenant Act 1954 allow for both Tenants and Landlords to terminate the tenancy:
Section 4 - Termination by the Landlord. The LL may give the Tenant notice using the prescribed form specifying the date on which the tenancy is to end. Being either the term date of the tenancy or any date thereafter. Providing a maximum notice of 12 month and a minimum of 6 months before the specified termination date.
Section 5 - termination by the Tenant. The Tenant may give the LL notice at the end of the term or anytime thereafter if the tenancy is holding-over, by providing non less than 1 months notice in writing.
Termination of a business tenancy under the Landlord and Tenant Act 1954
The Landlord and Tenant Act 1954 allow for both Tenants and Landlords to terminate the tenancy:
Section 25 - Termination by the Landlord. The lease will continue until the end of the contractual term, unless there is a break clause and the LL may give the Tenant notice using the prescribed form (section 25 notice) specifying the termination date. Providing a maximum notice of 12 month and a minimum of 6 months before the specified termination date.
Section 27 - Termination by the Tenant. The Tenant may give the LL notice no later than three months before the fixed term was due to come to an end.
The Tenant may also exercise break-clause rights and (if the Landlord agrees) the Tenant may surrender the lease, during the contractual term.
Why was Stable cottage let under two agreements?
It was let under the Landlord and Tenant Act 1954 and an Assured Short-hold Tenancy (Housing Act 1988) because the property exceeded the size limit for an AST. While the property could have been let as a whole under the L&T Act 1954, the Housing act 1988 provided greater flexibility. The commercial landlord and Tenant Act tenancy was also contracted out of Sections 24-28 which prevented the Tenant from benefiting from security and the right to renew.
What is the size limit for a property let under an AST (Housing Act 1988)?
A property can not be let under an AST where it consists more than 2 acres of agricultural land.
When can a property not be let under an AST?
A residential property can not be let under an AST where:
- The annual rent is more than £100,000
- The annual rent is less than £250 a year (£1,000 in London)
- The fixed term is more than 3 years
- The tenant is a company/business
- Holiday Lettings
- Where the property consists more than 2 acres of agricultural land
What terms lengths can you agree in relation to ASTs?
The minimum term for an AST is 6 months, and maximum of three years, agreements are typically for 12 or 24 months and become periodic thereafter.
Housing Act 1988
Part 1: Rented Accommodation
Chapter 1 - Assured Tenancies
Chapter 2 - Assured Short-hold Tenancies
When can a Section 21 notice be served?
A Section 21 Notice under the Housing act 1988 can be served by the Landlord to the Tenant to recover possession (no fault eviction) at any time after on on the date of the fixed term.
The Tenant must be given at-least 2 months notice in writing and the LL must have complied with Section 21 A and B for the Act. If the LL is in break/has not complied a Section 21 Notice can not be served.
Section 21 A - Compliance with prescribed legal requirements
- the condition of dwelling-houses or their common parts
- the health and safety of occupiers of dwellings
- the energy performance of the dwelling
Section 21 B - Requirements for Landlords to provide prescribed information
- A valid EPC (level E or higher - as of 1 April 2018/2020)
- EICR
- Gas Safety Certificate (if gas)
- How to Rent Guide
- A TDS Certificate (max 5 weeks rent, unless over £50,000 p.a. then its 6 wweks)
How else could a Housing Act Tenant be removed?
A Housing Act tenant could be removed using a Form 6A Notice (Notice seeking possession of a property let on an assured shorthold tenancy). The Landlord must specify on the notice which term/s of the tenancy the Tenant has broken. A minimum of 2 weeks and 2 months notice can be provided depending on which terms have been broken.
If the tenant does not leave by the specified date, the landlord can apply to the courts.
Agricultural Tenancies and dates
Post 1 September 1995 - Agricultural Tenancies Act 1995 tenancy
Prior to 1 September 1995 - Agricultural Holdings Act 1986 tenancy (with succession rights)
Post 12 July 1984 - Agricultural Holdings Act tenancy (with no succession rights)
When could an Agricultural Holdings Act 1986 tenancy be used?
- The tenancy must have commenced before 1 September 1995
- There must be ‘land’ (no minimum requirement and can include buildings
- The land must be used for ‘Agriculture’
- The land must be used for the purpose of trade or business
What constitutes ‘agriculture’ under the AHA 1986?
The Agricultural Holdings Act 1986 defines agriculture under Section 90;
‘horticulture, fruit growing, seed growing, dairy farming, livestock breading and keeping, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes’
Agricultural Holdings Act 1986
Part 1 - Introduction
Part 2 - Provisions Affecting Tenancy During its Continuance
Part 3 - Notices to Quit
Part 4 - Succession on Death or Retirement of Tenant
Part 5 - Compensation on termination of Tenancy
Part 6 - Market Gardens and Smallholdings
Part 7 - Misc and Supplemental
AHA Rent Reviews
Under the Agricultural Holdings Act 1986, either party may serve on the other a notice under Section 12 of the Act in writing a rent review notice.
Any new rent will be applied from the next termination date
How is the rent for an AHA tenancy determined?
The rent payable under Section 12 of the Act is calculated in accordance with Schedule 2 of the Act:
‘The rent properly payable in respect of a holding shall be the rent at which the holding might reasonably be expected to be let by a prudent and willing Landlord to a prudent and willing Tenant, taking into account all relevant factors, including the terms of the tenancy, the character and situation of the holding, the productive capacity of the holding and its related earning capacity, and the current level of rents for comparable lettings’
