Resi Tenancies

Question 1

What are the main acts which govern residential tenancies?

Answer 1

Rent Act 1977
Rent (Agriculture) Act 1976
Housing Act 1988
Housing Act 1996

Question 2

What is the Rent Act 1977?
+ what are its main differences to Housing Act 1988?

Answer 2

Rent Act 1977 Tenancy where no succession has taken place = Protected Tenancy

Key characteristics of RA77 is:
* security of tenure - with successions available under RA77 to family members…
* regulation of rent - Fair Rents

whereas under HA88 s17 (Assured Tenancy) provides opportunity for one succession to the spouse of the T - only.

Grounds for possession only avail to RA77 under s98

GfP under HA88 = Sch 2 pt 1&2.

Question 3

What are Fair Rents?

Answer 3

Fair rents for RA77 under s67 regulated by VOA. Electronic rent register accessed via VOA website. Fair rent cannot be registered more frequently than every 2 years under s67.

Under s70 when setting Fair rents the following should be taken into account:
* Age, Character, Locality + state of repair
* Quantity, quality + condition of any furniture (incl. fixtures + fittings)
* Any premiums

Question 4

What must be disgegarded when considering Fair Rents?

Answer 4

• Any defect or state of disrepair which is the Ts responsability
• Any Ts improvement
• Any improvement/deterioration to furniture due to the T
• Scarcity

Question 5

How are rents under HA 1988 regulated?

Answer 5

In both cases, if no RR clause is present in tenancy agreement then the rent may not be reviewed until the fixed term has expired.

Assured Tenancies = no regulation of rent but T can apply to Rent assessment committee (now First Tier Tribunal) using form 5.

AST = no regulation of rent + RR under s13 cannot take place w/in 52 weeks.

Question 6

Name the regulations which contains prescribed forms for residential tenancies?

Answer 6

The Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997 (S.I. No. 194)

and

The Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) (England) Regulations 2003 (S.I No. 260)

Question 7

What is s20 of the Housing Act 1988?

Answer 7

Notices served in accordance with S20 were required prior to 28th February 1997 (date Housing Act 1996 took effect), if the parties wanted to enter into an AST, as appose to an AT (which was the default position up until that date).

The AST became automatic (S20 notice not required for new tenancy to be AST) after that date.

Question 8

What sort of tenancy can a qualifying agricultural worker have who occupies a property? and What are the qualifying criteria for agricultural workers to be given statutory protections?

Answer 8

1. **Rent (Agriculture) Act 1976 ** Protected Occupier if circumstances causing qualification of protection occured before 15th January 1989 - as defined under Schedule 3 of the Act - such as worked full-time for at least 91 of last 104 weeks.
2. Assured Agricultural Occupancy if after that date + ag worker condition satisfied as set out in s24 and schedule 3 of HA1988 (= same criteria as Sch3 of R(Ag)Act 1976) = same statutory provisions as an Assured Tenancy.

Diff = as protected occupier rent regulated as per RA77 provisions

Question 9

What statute governs who is responsible for repairing and maintenance obligations?

Answer 9

Landlord & Tenant Act 1985 s11
Requires the Landlord to:
* Keep in repair the structure and exterior, including drains, gutters and external pipes
* Keep in repair + proper working order installations for the supply of water, electricity, gas and sanitation
* Keep in repair + proper working order the installations in the house for space and water heating

Question 10

How can a Landlord determine the rent of a AT or AST?

Answer 10

By serving a prescribed Form 4B from The Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) (England) Regulations 2003 (S.I No. 260)

Question 11

Why must Landlord’s/their agents undertake inspections of let properties?

Answer 11

Responsabilities under Defective Premises Act 1972 - s3 & s4 - ensure contractors are competant + to have a duty of care to T and be aware of any defects with property

Question 12

Legistlation which requires the property to be safe, healthy and free from things that may cause serious harm (to T)?

Answer 12

Homes (Fitness for Human Habitation) Act 2018

Question 13

New legistalation governing CO + smoke alarms?

Answer 13

Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022:
* all rented properties in England must provide a carbon monoxide alarm in rooms where there is any type of fixed combustion application, such as gas boilers, from the beginning of October 2022.
* From 1 October when a tenant (or a tenant’s nominated representative) reports that an alarm may not be in proper working order and is found not to be, the alarm must be repaired or replaced as soon as reasonably practicable.

Question 14

Form 1 & 2

Answer 14

1. Notice proposing different terms for a statutory periodic tenancy
2. application referring a notice proposing different terms for a statutory periodic tenancy to the Tribunal

Question 15

Form 3

Answer 15

notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy

Question 16

Form 4

Answer 16

landlords’ notice proposing a new rent under an assured periodic tenancy of premises situated in England

Question 17

Form 5

Answer 17

= landlords’ or licensors’ notice proposing a new rent or licence fee under an assured agricultural occupancy of premises situated in England
This form should be used by landlords when proposing a new rent or licence fee for an assured agricultural occupancy of premises situated in England.

Question 18

Form 6

Answer 18

= application referring a notice proposing a new rent under an assured periodic tenancy or agricultural occupancy to a Tribunal.
This form should be used by tenants when their landlord has served notice proposing a new rent under an assured periodic tenancy, including an assured shorthold periodic tenancy, or to refer a notice proposing a new rent or licence fee for an assured periodic agricultural occupancy.

Question 19

Form 6A

Answer 19

= for a no fault possession notice on an assured shorthold tenancy
This form should be used where a no fault possession of accommodation let under an assured shorthold tenancy is sought under section 21(1) or (4) of the Housing Act 1988.

Question 20

Form 7

Answer 20

= application to the Tribunal for a determination of a rent under an assured shorthold tenancy
This form should be used by a tenant with an assured shorthold tenancy which began (or for which a contract had been made) before 28 February 1997, to apply to the local rent assessment committee, during the fixed term of the original tenancy, to have the rent reduced.

Question 21

Form 8

Answer 21

= tenants’ notice proposing that an assured tenancy be replaced by an assured shorthold tenancy

Question 22

Form 9

Answer 22

= landlords’ notice proposing an assured shorthold tenancy where the tenancy meets the conditions for an assured agricultural occupancy
If the ag worker condition met under Sch 3 Housing Act 1988 and the landlord wishes that tenancy be an AST, they must serve this notice on the tenant before the tenancy is entered into.

Question 23

What can Landlord’s do if their Ts are in breach of the terms of their tenancy agreement/Ts responsibilities/obligations?

Answer 23

Serve a notice under section 8 stating they are in breach of a Sch 2 ground
Such as rent arrears (ground 8)