Residential Lettings Flashcards
What are the principle requirements of a tenancy agreement? State any relevant case law.
Exclusive posession / occupation
Offered to a tenant by a landlord
Of a premisis
For a term
Case law: Street vs Mountford - it is the actions Of the parties which is to be considered rather than their intentions or the written agreement
What date was Housing Act 1988 effective from?
15th January 1989
Under what legislation would a tenancy fall if it was created on or before the 15th January 1989?
The Rent Act 1977
What happens when the fixed term of rent act tenancy expires?
The tenancy becomes a statutory periodic tenancy under s.2 of the Act.
What would exclude a tenancy created before 15th January 1989 from being a protected tenancy?
High rateable value or on a high rent (Over £100,000 p.a)
Let on very low rents (less than £250 p.a)
Mixed use properties (resi & commercial)
Properties including in excess of 2ac of agricultural land
Under what basis are rents of Rent Act Tenancies based?
The basis of a fair rent where the scarcity of housing is not considered. Rents are set by the Rent Officer (now VOA)
What are the repairing obligations of a rent act tenancy?
These are outlined in s.11 of the Landlord and Tenancy Act 1985. These provisions cannont be contracted out of.
What security of tenure is afforded to a tenant under a rent act tenancy?
Continuation of the tenancy after expiration of the fixed term on the same terms as the original tenancy. Availability of succesion rights.
If a residential property is let on a Rent Act Tenancy what opportunities for succession exist?
If the original tannt dies before 15th January 1989 - 2 x succession events available
If the original tenant dies after the 15th January 1989 - 1 x succession event available
Succession is generally available to a close fimily member who was living in the property at the time of the death of the tenant.
How can possession be gained if a resi property is let on a Rent Act Tenancy?
Posession can only be gained by Court Order applying to the court under the grounds for possession as laid out in Schedule 15 of the act.
Part I - Discretionary Grounds (only granted if fair and reasonable and alternative accomadation is available)
Part II - Mandatory Grounds (order granted if L/L can prove and meet these grounds)
Under what act were the concepts of Assured Tenancies and Assured Shorthold tenancies intorduced and from when did it take effect?
The Housing Act 1988 - Introduced 15th January 1989.
Describe the principle differences between an AT and an AST.
AT - Security of tenure as possession can only be gained under specific conditions. Opportunity for 1 x succession to a spouse is available under an AT.
No security of tenure or opportunity for succession under an AST. Neither tenancy provides rent regulation.
Describe the creation of AT’s and AST’s and the relevant timeframes.
15th January 1989 to 28th February 1997 - Tenancies created between these dates were AT’s unless expressly created as AST’s by service of a s.20 (2) notice before start of tenancy
28th February 1997 to present day - Tenancies created since 29th Feb 1997 are AST’s unless expressly created as an AT.
How can posession of a property be gained if let under an AT?
Service of a Housing Act 1988 s.8 notice outlining the ground for possession and obtaining a court under under Schedule II of the Housing Act.
Part I - Mandatory Grounds
Part II - Discretionary Grounds (only granted if reasonable to do so and criteria met)
Describe the process of a Rent Review of an AST Agreement.
If in fixed term of agreement - RR can only be undertaken if tenancy allows for it.
If in Statutory Periodic Tenancy - RR as per tennacy or if not as per s.13 of HA 1988.
Rent review notice as per prescribed form.
