Residential Tenancies Flashcards
What tenancies are governed by the Rent Act 1977?
Residential tenancies up to and including 14th January 1989
Under the Rent Act 1977 what must a rent officer consider when undertaking a rent review?
The rent officer must determine a fair rent and register the rent on the VOA electronic rent register. The rent officer takes in regard the age, character, locality and state of repair of the property and any furniture supplied by the landlord. Must disregard scarcity.
What section of the Rent Act 1977 governs succession and what rights are given?
Section 1. A spouse or civil partner can succeed to a statutory period Rent Act 1977 tenancy. A family member living with the tenant 2 years before death will succeed with an assured tenancy.
How does a Landlord evict a Rent Act 1977 tenant?
With a court order if the tenant falls foul of mandatory or discretionary grounds under Schedule 15. No grounds relate to rent arrears.
What tenancies are governed by the Housing Act 1988?
Tenancies starting on and after 15th January 1989
What is the default tenancy under the Housing Act 1988 and what is the term?
Default tenancy is an Assured Tenancy (AT) with an initial fixed term which then becomes a statutory periodic tenancy.
What is an AT?
Assured Tenancy providing security of tenure and succession rights.
How does a Landlord evict an AT under the Housing Act 1988?
Section 5 requires the landlord to obtain a court order if the tenant falls foul of mandatory or discretionary grounds under Schedule 2.
What succession rights does an AT tenant have before 15th January 1989?
Only to the spouse if they were occupying the dwelling as their only or principal home at the time of the tenants death. If the fixed term was less than 2 years there are no succession rights. Further successions may be granted by the tenancy agreement.
How does the landlord implement an Assured Shorthold Tenant (AST) and what is the term?
The landlord must serve a section 20 notice prior to commencement of the tenancy. An AST must have a minimum term of 6 months with no maximum term length. The tenancy ends on the term date.
How does a landlord evict an AST tenant?
The landlord can serve a section 21 form 6A no fault eviction notice giving the tenant 2 months’ notice.
How many months notice must an AST tenant give if they surrender?
1 month.
What Act amended the Housing Act 1988 and what tenancies are governed under the Act?
Housing Act 1988 as amended by the Housing Act 1996 governs tenancies from 28th February 1997.
What amendments were made under the Housing Act 1996?
An AST is now the default tenancy, no longer requiring the landlord to serve a section 20 notice prior to commencement. There is no longer a minimum term of 6 months but the landlord cannot gain possession before 6 months.
What succession rights does an AT tenant have after 15th January 1989?
Other family members can succeed if there is no spouse or civil partner and they lived with the tenant for at least 2 years before the tenants death.
What is the case law for gas safety and what happened?
Bryne v Harwood 2022. The landlord failed to serve a gas safety certificate which invalidated the section 21 form 6A no fault eviction notice and the tenant became an AT tenant with security provisions.
What is the Deregulation Act 2015?
Stops revenge evictions. If the tenant complains then the landlord has the legal obligation to do something within 14 days under section 22. If they do not respond to the tenant then a section 21 form 6A no fault eviction notice.
What case law determines if it is a licence or tenancy and what are the 4 requirements to be a tenancy?
Street v Mountford 1985
Exclusive possession
Rent passing
Term
Intention of a landlord and tenant relationship
What legal documents are required to be served prior to a commencement of the tenancy and what legislation enacts it?
- A valid EPC - section 2 - Assured Shorthold Tenancy Noticed and Prescribed Requirements (England) Regulations 2015.
- How to rent booklet - section 2 - Assured Shorthold Tenancy Noticed and Prescribed Requirements (England) Regulations 2015.
- A gas safety certificate - Assured Shorthold Tenancy Noticed and Prescribed Requirements (England) Regulations 2015.
- Electrical safety check prior to tenant moving in and 5 years certificate - the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020.
- Tenants right to rent in the UK - Immigration Act 2014
- Must be a smoke alarm on each floor of the property and a CO alarm where solid fuel appliance - the Smoke and Carbon Monoxide Alarm (England) Regulations 2015
What does the Rent (Agriculture) Act 1976 govern?
Residential tenancies for farm workers up to 15th January 1989
What section of the Rent (Agriculture) Act 1976 governs qualifying worker and what are the requirements?
Section 1. Employed in agriculture for at least 91 weeks out of 104 weeks. Full time of 35 hours per week. Forestry, the use of land as grazing, meadow and pasture land, dairy farming and breeding of livestock, the production of consumable produce for sale of consumption. Repairs and maintenance of agricultural machinery.
What is the Norman v Giles 1980 case?
It was determined that rearing pheasants for sport did not meet the qualifying worker condition under section 1 of the Rent (Agriculture) Act 1976.
What security provisions are given under the Rent (Agriculture) Act 1976?
The farm worker is a protected occupier whilst in employment then a statutory tenant under the Act after employment. The rent cannot exceed the registered fair rent and the tenant cannot be evicted without a court order falling foul of mandatory or discretionary grounds under Schedule 4.
What is an AAO, when did it come into force and what are the requirements?
An Assured Agriculture Occupany came into force for AT tenants that satisfy the agricultural worker condition for tenancies starting on and after 15th January 1989
