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Succession on death of tenant

Tenants who have protection under the Rent Act 1977 are very well protected and there are extremely rare occasions when a landlord is able to seek possession. In addition, the rents on this type of tenancy are heavily controlled and generally no where near to market values. It was the case that members of the tenants family could "succeed" to

Seeking possession based on rent arrears (Rent Act tenancy)

Introduction A Rent Act Tenancy is technically either a "Protected Tenancy" or a "Statutory Tenancy". Collectively they are known as "Regulated Tenancies" . As long as it is in existence, a protected tenancy is contractual in nature (sometimes called common-law in nature). Virtually all Regulated Tenancies when first granted are a Protected ...

Requirement of occupation

Cases on the Rent Act 1977 do not come up so often these days. Under that Act a person with protection starts out, under the contractual tenancy, as a "protected tenant". If the landlord wishes to recover possession the landlord must determine the protected tenancy by a notice to quit (assuming that it is a periodic tenancy). This then gives ...

Minor error on a Notice

Dudley Metropolitan Borough Council v. Bailey (1990) 22 H.L.R. 424 Abstract: P served a notice seeking possession on D which notice was not in the prescribed form and which alleged that rent was owing, without stating that the arrears were in part made up of arrears of rates. The judge held that the notice was not in a form substantially to ...

Service of Section 21 before or beginning of a tenancy

For any tenancy granted on or after 1 October 2015 (or for all tenancies on or after 1 October 2018) this article only applies to Wales. For all tenancies granted on or after 1 October 2015 in England, a section 21 notice is not allowed to be served for the first 4 months of the original assured shorthold tenancy. Please see this article for ...

No calendar date required in section 21(4)(a) notice

For any tenancy granted on or after 1 October 2015 (or for all tenancies on or after 1 October 2018) this article only applies to Wales. For any tenancy granted on or after 1 October 2015, the requirement to end a section 21 on any particular date is removed and so the point made in this article is irrelevant (for England only). Please see ...

How long does Section 21 notice last?

How long a section 21 notice lasts (which has been served in respect of an assured shorthold tenancy) depends on whether the property is in England or Wales and when the original tenancy first commenced. Wales (irrespective of when the tenancy commenced) Section 21 Housing Act 1988 contains no time limit as to when a section 21 notice may be

Service Charge, Administration Charge and Ground Rent Demand Notice

Introduction Freeholders of blocks of flats that are sold on long leases (greater than 21 years) from 1st October 2007 (England) and 30 November 2007 (Wales) are required to provide a summary of rights and obligations in the form of a notice typewritten in at least 10-pt. This prescribed form must accompany any demand for a service or ...

“External parts”, “windows”, “structure”, “drains”, etc.

External parts A covenant to repair the external parts of a demised house comprises the partition wall between it and an adjoining house, even though the wall is not exposed to the elements, because the external parts of premises are defined as those which form the enclosure of them, and beyond which no part of them extends. 2 All E.R. 43, ...

When MUST housing benefit paid to landlord?

When payment of Housing Benefit must be made to landlord See in particular this important case (Doncaster v Coventry City Council 2009) Regulation 95 Housing Benefit Regulations 2006 If a tenant is the equivalent of 8 weeks or more in arrears, the local authority must make payment to a landlord. Regulation 95 Housing Benefit Regulations ...