A landlord may obtain an order for possession of an assured shorthold tenancy (AST) by either issuing a section 21 notice or by issuing a relevant notice pertaining to a Ground under Schedule 2 of the Housing Act 1988. The Grounds The Grounds are divided into 2 categories: Mandatory Grounds where if the ground is […]
LANDLORDS MUST CONDUCT A ‘RIGHT TO RENT’ CHECK
All private landlords in England are now legally required to check that new tenants are lawfully resident in the UK before renting the property to them. This ‘right to rent’ scheme is estimated to effect 1.8 million landlords and 2.6million tenants. The law applies to any residential tenancy agreement entered into on or after the […]
RETALIATORY EVICTIONS ARE ILLEGAL – REVENGE EVICTIONS
Retaliatory evictions, also known as revenge evictions, is a problem frequently encountered by assured shorthold tenants who have complained to their landlord or the local authority about the condition of the property they are letting. The landlord immediately reacts by serving a section 21 notice to regain possession of the property. This revenge eviction serves […]
RESTRICTIONS TO OBTAINING SECTION 21 POSSESSION
Before a landlord of an assured shorthold tenancy (AST) may rely upon a section 21 possession notice he must consider the relevance of the following issues: The supply of a ‘prescribed requirement’ Security of tenancy deposits A moratorium for the first six months of the tenancy Houses in Multiple Occupation/ Unlicensed Premises Retaliatory Evictions […]
NO PRESCRIBED INFORMATION OR SECURITY OF DEPOSIT: NO S.21 NOTICE
A private landlord is legally required to provide specific information to a tenant so that the landlord may rely upon the service of section 21 notice. Section 21A Section 21A of the Housing Act 1988 sets out that a section 21 notice may not be given at any time when the landlord of an assured […]
AN ASSURED SHORTHOLD TENANCY – A Guide
An assured shorthold tenancy, also known as an AST,is the most common form of private tenancy within England and Wales and was introduced by the Housing Act 1988.The essential difference between an assured tenancy and AST is that there is no real security of tenure for assured shorthold tenants. Section 21 Notice A crucial component […]
ARE YOU A VICTIM OF A REVENGE EVICTION BY YOUR LANDLORD?
‘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. […]
