RA & HA basics

Question 1

Protection where there is a …

Answer 1

tenancy of a dwelling house let as a separate dwelling

Question 2

HA - T must be…

Answer 2

an individual and occupy as his only or principal home

Question 3

Dwelling house

Answer 3

anywhere immobile which is constructed or adapted for use as or for the purposes of a dwelling

Question 4

Rent

Answer 4

needs to be quantifiable in money terms but can be in kind if parties quantify the value in monetary terms

Question 5

Occupation

Answer 5

RA protected - doesnt matter if T never lives there
RA statutory - T must continue to occupy as residence
HA - must occupy as only/principal home

Question 6

Let as a dwelling…

Answer 6

original term of tenancy determines user not subsequent change

Question 7

If changes from business to resi use…

Answer 7

LLmust consent to change

Question 8

‘a’ separate dwelling

Answer 8

letting of one unit only

Question 9

‘separate’ dwelling

Answer 9

Resident LL - restricted contract b4 15/1/89

Shared accomm - excluded tenancy after 15/1/89

Question 10

statutory tenancy

Answer 10

created when contractual tenancy ends and T of protected holds over, occupying as residence at date of termination, and continues to do so

Question 11

Absent Tenant

Answer 11

a) continuing physical presence

b) intention to return

Question 12

creating an AST b4 28/2/97

Answer 12

LL had to serve s20 notice on T to advise is AST
min 6 month initial term
no power to determine other than by forfeiture

Question 13

creating an AST after 28/2/97

Answer 13

no need to serve s20 notice
doenst need to be fixed term
will automatcially by an AST unless falls under s2A

Question 14

Exceptions to AST s 2A (7)

Answer 14

pursuant to a contract b4 28/2/97
excluded by notice
if noted in written tenancy agreement
succession under RA
former secure tenancies
long tenancies at low rent
tenancies replacing non shortholds

Question 15

s2a - tenancies replacing non shortholds

Answer 15

1) tenancy granted to a person who was an AT immediately b4 new tenancy granted, by same LL, no notice given to say AST
2) assured tenancy which comes into being by virtue of s5 on the coming to an end of a fixed term AT, where T remains in possession

Question 16

TDS

Answer 16

custodial and insurance based

Question 17

Excluded tenancies 11

Answer 17

outside rateable value or rental limits
tenancy at low/no rent
let with other land
student lets
holiday lettings
agricultural holdings
licensed premises
resident Ll
crown letting
by public bodies
business tenancies

Question 18

Outside rateable value or rental limits

Answer 18

RA - b4 1/4/90 - outside values in ss2 or s4
RA/HA - on/after 1/4/90 - over £25k
HA - on/after 1/10/10 - over £100k (Eng)

Question 19

Tenancy at low rent

Answer 19

RA/HA - b4 1/4/90 - no rent or less than 2/3 rateable value on appropriate day
RA/HA - on/after 1/4/90 - less than £1k gtr london, or £250

Question 20

Misc exceptions 5

Answer 20

company lets - cant be assured or statutory, but can be protected
payment for board/attendance - RA not allowed
overcrowded dwellings - RA not allowed, HA - N/A
parsonage houses - CoE parsonage houses
granted by borrower without lender consent