Residential tenancies

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Residential tenancies guidance:

A simpler way to rent property in Wales The Renting Homes (Wales) Act 2016 (RH(W)A 2016), received Royal Assent on 18th January 2016. The majority of...

Practice Note

The difference between types of residential tenancies depends on when the tenancy was granted and the legislation in force at that time. There are four main types of...

Practice Note

Assignment Assignment is the transfer of the interest in the tenancy to another person. Assignment of a secure periodic tenancy is prohibited except in three situations:...

Practice Note

There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease of the same...

Practice Note

Regulated tenancies (also known as protected, statutory or fair rent tenancies) were the principal form of private sector tenancy of residential property granted under...

Practice Note

Demotion A secure tenancy can be demoted to a 12-month probationary tenancy if the tenant has engaged in housing related anti-social conduct or has used the property for...

Practice Note

Through shared ownership (SO) the purchaser buys a share of the property and pays rent on the remainder. Additional shares can be bought and the equity share increased by...

Practice Note

What is a flexible tenancy? Introduced by the Localism Act 2011 (LA 2011), flexible tenancies can be granted by a local authority (LA) where: • the tenant has previously...

Practice Note

‘HMOs are, or are usually, domestic premises originally designed for occupation by one family, which have been converted for occupation by a number of separate families...

Practice Note

HMO licensing is the responsibility of the LHA of the area in which the HMO is located. Licensing is either mandatory under Part 2 of the Housing Act 2004 (HA 2004) or...

Practice Note

Mandatory licensing Part 2 of the Housing Act 2004 (HA 2004) places a duty on a local housing authority (LHA) to effectively implement mandatory licensing in their...

Practice Note

Enforcement of the HMO licensing regime is the responsibility of the LHA of the area in which the HMO is located. See Practice Notes: Houses in multiple occupation...

Practice Note

STOP PRESS: The Housing and Planning Act 2016 received Royal Assent on 12 May 2016, although the provisions relating to recovering possession of abandoned premises set...

Practice Note

Part 2 of the Housing and Planning Act 2016 (HPA 2016) implements various measures to improve the way housing is managed, by enhancing the power of a local housing...

Practice Note

A landlord can only end an introductory tenancy by obtaining an order of the court for possession. The landlord has a mandatory right to possession and it is not...

Practice Note

This Practice Note sets out the requirements imposed on private sector landlords as set out in the Smoke and Carbon Monoxide Alarm (England) Regulations 2015, SI...

Practice Note

Application by party to lease for variation Any party to a long lease of a flat can make an application either to the First-tier Tribunal (Property Chamber) (FTT), where...

Practice Note

Secure tenancyIntroductory tenancyFlexible tenancy TermA permanent tenancy. If the terms of the tenancy are not broken the tenancy will continue until ended by either...

Practice Note

This Practice Note provides an overview of the minimum energy efficiency standards (MEES) for the private rented sector that have come from the Energy Efficiency (Private...

Practice Note

This Practice Note considers the minimum energy efficiency standards (MEES) for the domestic private rented sector that have come from the Energy Efficiency (Private...

Practice Note

This Practice Note considers the minimum energy efficiency standards (MEES) for the domestic private rented sector that have come from the Energy Efficiency (Private...

Practice Note

Mortgagee’s consent to grant of lease If a property is subject to a mortgage that prohibits leasing without the mortgagee’s consent, then written evidence of consent must...

Practice Note

For a local authority (LA) to obtain possession of a flexible tenancy before the end of the fixed term the tenancy must contain a forfeiture or re-entry clause. During...

Practice Note

Obtaining possession There are various ways that a secure tenancy can be ended, and the landlord obtain possession. A secure tenant can end the tenancy by service of a...

Practice Note

(Applications to the court or tribunal) If the competent landlord disputes the tenant’s right to serve a notice of claim, they can apply to the county court (under CPR...

Practice Note

(Landlord’s counter-notice, default and withdrawal) The landlord's counter-notice Following receipt of the tenant’s notice of claim, the landlord must serve their...

Practice Note

(Preliminary notices and the tenant’s notice of claim) Preliminary notices A tenant who wishes to acquire a new long lease of their flat is entitled to serve preliminary...

Practice Note

The Tenant Fees Act 2019 (TFA 2019), in force from 1 June 2019, prohibits landlords and letting agents from requiring tenants of certain residential tenancies in England...

Practice Note

To be a deed, an instrument must be validly executed: • by the person executing it or a person authorised to execute it in the name of or on behalf of that person, or •...

Practice Note

The Small Business, Enterprise and Employment Act 2015 (which received Royal Assent on 26 March 2015): • amends the Landlord and Tenant Act 1954 (LTA 1954) so as to...

Practice Note