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P13 private residential - Coggle Diagram
P13 private residential
Evolution
Rent Act 1977: rent control + security of tenure
post-war regulation, high point of rent control & security of tenure
Housing Act 1988: no rent control, retain security of tenure
introduced assured tenancy (default) and AST (by s21)
1996 Act: AST becomes default
removes security of tenure
renter's rights act 2025
try to regulate the market again
Scope of protection
HA1988 S1
dwelling houes
Degree of annexation
R v Nottinghamshire Rent officer
:
caravan may be included depending on whether its moveable or fixed
Ellitestone v Morris
:
the test is whether the house is moveable other than by destroying it
Chelsea Yacht:
same for houseboat - depends on whether its annexed to the land
Mew v Tristmire:
to be judged at the date of installation
definition of dwelling
Wright v Howell:
must support major activities in life
Uratemp v Collins
: dwelling is an ordinary word; does not stop to be dwelling even if you dont have cooking facilities
let
Tenancy at will probably covered:
Chamberlain v Farr
License NOT included
as
the purpose is the purpose indicated in the original lease, not the subsequent use
Ponder v Hillman
a
single
St. Catherine's College v Dorling
: a lease for several separate student dwelling ≠ protected
test: someone can go into all rooms
Langford Property:
it depends on how tenant treats it, even if theres 2 identifiable dwelling unit can still be protected
separate
single dwelling separable from other dwelling
Neale v Del Soto
: when house is shared ≠ separate dwelling
Cole v Harris
: if you share a kitchen/living room/dwelling room --> NOT separate dwelling
Goodrich v Paisner
: share living room --> outside of the act
HA1988: S 3(1)
bring some tenancy back to the act
if the only reason T is excluded is because of the separate/single dwelling, can be included
UNLESS T is sharing w L
HA1988 S4: if T then sublet, T will be protected, but subT would not (sharing w their L)
occupied
Hammersmith and Fulham LBC
: tenancy status is not affected by "fleeting changes of mind"
the court will look at "enduring intentions"
but only needs to be in occupation at the time when lease ends
Only or principal home
Brickfield property v hughs
: must have some outward intention to return
Crawley v Sawyer
: guy lived w GF, but left furniture in flat -> court says this is only/principal home
Exclusions: CANNOT be assured tenancies
tenancies at low rent
fixed term tenancies of more than 21 years
business tenancies
licenses
tenancies with high rateable vlaues
lettings to students
only applies if tenancy is granted by educational institution
AND if the institution follows specified housing management codes
holiday lettings
Resident L
NOT purpose built block of flats
AND this is L's only or principal home
crown tenancies/agricultural tenancies/asylum seekers/family intervention
Consequence 1: Periodic vs. Fixed term tenancies
assured tenancies to be periodic
rent periods need to < 1 month
terms for assured tenancy is ineffective if they say fixed term
ensure that assured tenancies are periodic & flexible
its basically fixed term but T can exit earlier
knock on effect: cannot register periodic tenancy
potential problem for purchasing landlord
Consequence 2: Controls relating to rent
different types of rent contorl
rent ceiling/vacancy control/rent increase control/rent review
why?
maintain housing affordability/prevent displacement of T
prevent rent overtake earnings for ppl who are on fixed income
protect vulnerable population
stable rent market/avoid speculative investment
when rents rise unregulated, housing benefit set in
L know that the gap will be cover by housing benefits --> increase more
should cap rent increase in line w inflation/wage growth (Nick Bano)
Nick Bano: the housing crisis is created by legislation for free market in land
high rental yield also capitalize into house prices, harming home buyers as well
why not?
discourage investment
reduce rental supply
tenants wont move --> suboptimal use of housing stock
T can challenge rent amount
Rent Act 1977: S70
determination of fair rent
excludes the impact of supply on price
Pre RRA: AST
T can challenge via s 22
tribunal can make determination when theres
excessive rent
Post RRA
T can challenge via s 14 HA1988
tribunal can award
open market rent BUT only if its lower
Limitation of rent increase
Pre RRA: NO limitation on contractual rent review clauses
Post RRA: S 13 HA 1988
L must
serve notice 2 month
before new rent
NO rent review in the first 52 week
NO rent review more than once each year
lords
may increase rent yearly, to market rent
but changed the process + frequency
T can challenge this in First Tier Tribunal
the Tribunal cannot increase the rent above the landlord's proposed figure
ANY contractual rent review provisions are void
including upwards only rent review
must follow statory pocess
NO payment in advance of rent
other than 1 month rent
any provision requiring more than one month's rent in advance is void.
Ban on rent bidding wars (S 56)
L should publish asking rent
CANNOT ask for/accept any bid above this price
but L just advertise it at very high price
Bringing the lease to an end
Policy issues
current framework prioritize AST
strong freedom for L
has implication for individual's living arrangements
absense of security of tenure
emotional wellbeing, physical, mental health
ability to plan schooling/job
for L is good
decide whatever they want to do w the land
investment security
deliver house price growth
--> Emotional & physical wellbeing vs. economic growth
Bring lease to an end under HA 1988
fixed term: during contractual term
bring the term to end via break clause (CANNOT forfeiture)
rely on grounds 2, 8, 10-15, 17 IF the tenancy say they can rely on these grounds
if has neither, just have to wait'
fixed term: after contractual term
statutory periodic tenancy automatically arise under s 5
can rely on any grounds
periodic tenancies
rely on the grounds
Grounds for possession pre-RRA
Mandatory grounds
1) past or future occupation by the L
a) L previously occupied as only or principal home
b) L wasnt previously in possession, now want to occupy as only or principal BUT did not require the reversion for money
you cannot buy and immediately go into possession
Needs
notice in writing
by the beginning of tenancy
court can dispense the notice rule
Fernandes v Parvardin
: written notice waived if oral notice is given
Boyle v Verrall:
notice can be dispense considering the behavior of tenant during tenancy (e.g. late payment of rent)
Bradshaw v Baldwin:
court will consider why there was failure to give notice (landlady is not landlady)
2) possession required by the mortgagee
lender can obtain possession against T
Dudley & district v Emerson:
if L grants a lease in breach of mortgage agreement + w/o consent of mortgagee --> lender's rights prevail
3) out of seasons letting holiday accomm
CANNOT waive notice requirement
was let as holiday house less than 12 month ago
4) vacation letting of student accomm
CANNOT waive notice requirement
tenancy < 12 month
5) occupation by a minister of religion
CANNOT waive notice requirement
usually its like the current T is not minister, and now minister have arrived and go into occupation
6) demolition, reconstruction or substantial construction works
a) T did not a
gree to vary the term
, or not willing to
occupy another part
b) cannot buy the property and immediately decide to do works
7) death of a tenant
where the tenancy is not inheritable under statutory rights
1) dies with nobody has a right to inherit the tenancy.
2) the tenancy was already inherited once
8) Rent two month in arrears
if at the date of hearing (monthly payments) is 2 month unpaid
T can just pay on the date of hearing
Coltrane v Day
: if T just writes a check on the date of hearing = sufficient
Mountain v Hastings
: S8 notice must state the ground AND specify rent amount
Discretionary grounds
reasonableness test
Cumming v Danson
: take into account all circumstances
very broad discretion
question of fact: high court wont interere w lower court discretion
Cresswell v Hodgson
: higher count only intervenes IF lower court were unlawful
9) suitable alternative accommodation
considerations
size & character
suitable to the means and needs of T
minimum: similar to the local authority housing
location
proximity to place of work
Armit holdings:
tenant should at least be able to afford
Hill v Rochard:
does NOT include recreational/ancillary advantages (garden)
Mykolyshyn v Noah:
alternative accomm can be a part of the dwelling which T already occupies
Redspring v Francis
: env quality (quiet vs. noisy) can be take into account
Siddiqui v Rashid:
NO personal factors (e.g. proximity to friends)
10) current rent arrears
any rent that is due and NOT paid on date of hearing
11) persistent past rent arrears
regularly missed payments OR very long missed payment
a sense of deliberateness
12) breach of covenant
any obligation of the tenancy that has been broken
13) disrepair
condition of the dwelling has deteriorated because of T
degree of fault for T
14) nuisance or criminal conviction
could be T or somebody living there
West Kent Housing Association v Davies
:
as long as T know and approve of the behavior, doesnt matter if nuisance-conducter is not T
Camden LBC v Gilsenan
: but the less personally responsible T is, the less likely for court to grant possession
a) cause a nuisance or annoyance
Cobstone investments:
not restricted to adjoining occupiers, but also other residents close enough to be effected
Northampton BC v Lovatt:
conduct is not limited to conduct on the premise
b) immoral or legal purpose
Manchester CC v Romano
: disability is a relevant factor that could justify what would otherwise be
discriminatory treatment
consider whether possession is necessary for the health and safety of others (Disability discrimination act)
14A) Domestic violence
victim of DV has left the home
because of "violence or threats of violence"
L is seeking possession and is non-profit provider of soical housing
15) deterioration of furniture
furniture deteriorated owning to ill-treatment by the T
16) tied accommodation
T got the accomm becuz of his job, and now T is no longer in the job
17) obtaining tenancy by false statement
T lies in the process and got the tenancy
this can be used
even during the contractual term
Grounds for possession post-RRA
lots of discretionary grounds unchanged
rent arrears have been increased to at least 3 month
also new part for anti social behavior
and accomm to support ppl w particular needs
1) L and L's family moving in - similar to residence required by L
1A) L wishes to sell the property
2ZA --> 2ZD refers to certain kinds of L and certain kinds of long lease
E-H is for very specific accomm
HA 1998 S12: Compensation for misrepresentation or concealment
If L obtain the order by misrepres or concealment of material facts, court can order damages to T
Clement v Simmonds
: such breach can lead to significant financial compensation to T
Assured Shorthold Tenancy
HA 1988 S 21
at the end of AST the court must order possession if L has given T no less than 2 month notice
with 2 month notice L can bring tenancy to an end assuming fixed term ended
court give mandatory order for possession as long as notice is given
NO grounds needed
L must give T the safety certificate and how to rent info if they wish to serve s 21
if L fails to repair, T complains, then L attempts to serve s 21, L is bar from eviction
deregulation act s 33
but T need to contact the local housing officer
if L has not protect T's deposit, cannot serve s 21
s 21 CANNOT be serve during the first 4 month
= minimum 6 month term (2 month notice)
are the default setting since 1996
RRA Specific: Anti-discrimination and rights
s33: can't discriminate on the grounds of children
unless proportionate to the legitimate aim, e.g. elderly accom
s 34: can't discrminate on the grounds of receiving housing benefits
s 41: can take into account income
income might be very significant
especially since L cannot ask for payment in advacne
s 40: subject to enforcement penalties
income & references will be more important
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