Tag Archives: Housing Act 1988
A second opportunity to delve into the basics of Landlord and Tenant law has arrived. This time I am looking at Notices to Quit and the common pitfalls that are easily made but fatal to the effectiveness of the Notice. It is important first of all to nip in the bud a common misconception when […]
Most of you will have heard about the coalition governments crack down on anti social behaviour especially in light of the recent rioting and looting. However, the coalition government is taking it that one step too far, in our humble opinion, and suggesting that those that are convicted of anti social behaviour should be evicted […]
From time to time it is important to go over old ground. It can be easy to lose track or just need a quick reminder of the basics of possession cases. Section 8 notices, as I’m sure you are all aware, can be used as a vehicle to gain possession of the property whilst at […]
In Mew and Just v Tristmire Limited the leaseholder obtained possession orders upon the expiry of 2 notices to quit. Mew and Just lived in houseboats which were located in a rectangular shaped plot around the edge of a harbour. The houseboats are converted landing craft which were constructed locally during the Second World War. […]
We have been asked a few questions recently about a tenants right to remain in a property when there are rent arrears. We understand that some landlords and agents are concerned that tenants are defeating possession claims pursuant to Article 8 of the European Convention on Human Rights. > > The reason for this concern […]
Landlords who have common law tenancies which will become ASTs on 1 October and whose tenants are in arrears of rent should act now. Once those tenancies become ASTs the tenant will need to be in 2 months of arrears before the landlord stands a good chance of securing possession in Court. If proceedings are […]
The DCLG have decided the final version of their FAQs regarding the Housing Act 1988 rent increase threshold to be placed on their website. We have seen an advance copy and are pleased to note that some changes have been made as a result of representations made to the DCLG by this firm, among others. […]
It is now less than a month to the change in the maximum rent threshold of £25,000 found in the Housing Act 1988 in England. We have written a large number of posts on this topic which can be found by following this link.
We have recently come across another unanticipated issue which may become a problem after 1 October. A number of properties in London are let on ‘short lets’ to individuals working or holidaying in London. In the past the high rents charged on these properties meant that they were excluded from the Housing Act 1988. However, […]
A recent case has exposed a very unfortunate loophole in the law which might have harsh consequences for certain long leaseholders. Certain long leaseholds are protected under the terms of Part 1 of the Landlord & Tenant Act 1954. The qualification for this protection was that the tenancy was for more than 21 years and […]
We are often asked the question of what the situation is once a notice pursuant to section 21 of the Housing Act 1988 expires. Thanks to the decision of the House of Lords in Knowsley Housing Trust v White it is known that a tenancy agreement for an assured or assured shorthold tenancy does not […]
There is some confusion as to how to draw up tenancy agreements for tenancies that will change after 1 October
Assured tenancies will be affected by the changes on 1 October 2010 as well.
The Statutory Instrument changing the maximum rent threshold under the Housing Act 1988 has now been published.
It seems that the AST threshold change on 6 April will apply to ongoing tenancies. This will have a number of serious consequences.
PainSmith are holding a seminar looking at the AST threshold changes.