‘Revenge’ or ‘Retaliatory Evictions’ is a problem frequently encountered by tenants! Essentially the landlord and tenant enter into an agreement of trust. Where the tenant agrees to take care of the landlords property and to pay his rent in full and on time, while the landlord agrees to ensure that he abides by all his […]
LANDLORD’S BREACH OF TENANCY DEPOSIT SCHEME
The tenant can claim an amount equivalent to 1 – 3 times the amount of the deposit in compensation via the county court! So you found the perfect private home rental on a shorthold tenancy and lodged a large chunk of your hard earned savings as a rental security deposit with the landlord. While it […]
5 ESSENTIAL RESTRICTIONS PLACED UPON A LANDLORD OF AN ASSURED SHORTHOLD TENANCY PREVENTING HIM FROM RELYING UPON A SECTION 21 POSSESSION NOTICE
Constraints to landlords of assured shorthold tenancies being able to obtain possession under a Section 21 Notice There are five essential restrictions placed upon a landlord of an assured shorthold tenancy (AST) preventing him from relying upon a Section 21 possession notice: Six months moratorium Tenancy deposits Houses in Multiple Occupation/ Unlicensed Premises Retaliatory Evictions […]
WHAT IS A SECTION 21 NOTICE?
Subject to certain legal requirements, a landlord can evict a tenant of an assured shorthold tenancy by implementing a Section 21 Notice Section 21 of the Housing Act 1988 provides the landlord of an assured shorthold tenancy (AST) the right to serve notice to quite on his tenant in order to end a tenancy agreement. […]
THE DEFINITION OF A TENANCY DEPOSIT
The relationship between a landlord and tenant is fundamentally based upon trust The landlord trusts that you will take care of his property and that you will pay your rent in full and on time. The tenant trusts that the landlord will maintain the property and that the tenant’s deposit will be secured as […]
WHAT INFORMATION MUST A PRIVATE LANDLORD PROVIDE TO A TENANT?
A landlord is legally required to ensure that specific duties are undertaken by the landlord & that all relevant information is then provided to the tenant A landlord of an assured shorthold tenancy (AST) cannot consider serving a Section 21 Notice on a tenant unless he has fulfilled two key legal requirements imposed upon all […]
PRIVATE TENANTS MUST PROVE THAT THEY HAVE A RIGHT TO RENT: IT’S THE LAW
The ‘Right to Rent’ scheme has been rolled out across England since the 1st February 2016. The legislation requires all private landlords in England to check that new tenants are lawfully resident in the UK before renting the property to them. The law applies to any residential tenancy agreement entered into on or after the […]
WHAT IS THE SECURITY OF TENURE FOR AN ASSURED SHORTHOLD TENANCY?
How easy is it for a landlord of an AST to gain possession of his property? A landlord has two routes to seeking possession of his property under an AST depending on the circumstances. A landlord may obtain an order for possession of an assured shorthold tenancy (AST) by relying on a Ground under Schedule […]
When is an Assured Tenancy not deemed to be an Assured Shorthold Tenancy?
An AST pertains to private residential tenancies and was introduced by the Housing Act 1998. Assured tenancies granted on or after 28 February 1997, are generally deemed to be an assured shorthold tenancy (AST). However there are a number of exceptions to this rule in as set out in Schedule 2A of the Housing Act […]
What is the difference between an assured tenancy and an assured shorthold tenancy?
Part 1 of the Housing Act 1988 deals with assured tenancies and came into effect on the 15th January 1989. The Act applies to tenancies granted by private registered providers of social housing and private landlords, and creates two types of tenancies: An ‘AT’ landlord requires a legal ground to evict a tenant, while an […]
