Residential Landlord & Tenant Flashcards
Before what date would a rent act tenancy have been created and what else is it known as. What is the governing legislation
Rent Act 1977
15/01/1989
Protected tenancy
What would make the tenancy a rent (agricultural) 1976 Act tenancy or and assured agricultural tenancy?
Where rent is less that £250 pa and the occupier is a qualifying worker
After what date did we start to see ast’s and assured tenancies
15/01/1989
Assured tenancies we’re the default tenancy until what date and how did you enter into an AST?
Housing Act 1988
Between 15/01/1989 and 28/02/1997 assured tenancies were the default. To enter into an AST, a s20 notice must have been served.
After 28/02/1997 default tenancy = AST
Rent must be more than £250 pa or will fall outside statutory codes
What did a Rent Act 1977 tenancy provide?
Security of tenure - when contractual period ends - statutory tenancy comes into effect and provides security of tenure
Regulation of rent - subject to fair rents
What must be taken into account for a protected tenancies rent
Rent register must be kept which can be found online
The rent officer should take into account; age, character, locality and state of repair; quantity, quality and condition of property provided as part of the tenancy; premium paid for the lease
Disregards; defect/disrepair that is T’s responsibility; tenants improvements; improvements to furniture; scarcity of market rents
What is the RR procedure for RA tenancies?
Either party can apply to the rent officer to register a fair rent through completing form RR1
- this will state new rent being sought and LL services to be included within the rent
- cannot be registered more frequently that every 2 years
- if rent increases, LL must serve Form 1 on the T (not prescribed) prior to start if new rent
How can one succeed to a RA tenancy?
On death - by a family relation
If the OG tenant dies post 15/01/1989:
- if it is a family member succeeding, must have lived with the tenant at the date of death and for 2 years prior, and will be provided with an assured periodic tenancy, with no further succession
What are the maintenance obligations?
Not mentioned in legislation; default = Landlord and Tenant Act 1985 (s11)
- applies where fixed term is less than 7 years and tenancy started after 24/10/1961
What are the maintenance obligations under the LTA 1985 s11?
Landlord:
- keep in repair exterior and structure
- keep in working order supply of water, electricity and gas
- keep in working order installations for space heating and heating water
Tenant:
- to occupy in a tenant like manner
- not to commit watse
When did AST’s come into force?
15/01/1989 - 28/02/1997 on the service of a s20 notice
After 28/02/1997
What is the difference between an assured tenancy and an AST
Assured tenancies now need to be entered into by agreement and offer greater security of tenure
AST’s can be terminated by a s21 notice (no fault eviction)
Why does an assure tenancy offer greater security of tenure?
VP cannot be regained without a court order on one of the grounds set out in sch 2
- mandatory grounds - sch 2, pt I, grounds 1-8
- discretionary grounds - sch 2, pt II, grounds 9-17
What must a LL provide BEFORE the start of the tenancy?
- How to rent guide
- Valid EPC assessment
- Deposit prescribed information
- Gas safety certificate (if applicable)
If the property is to be occupied by an agricultural worker, prescribed notice (Form 9) must be served, otherwise will become an assured agricultural tenancy
What can you tell me about gas safety certificates
Need to be carried out annually and served to T within 28 days
