Section 213 of the Housing Act 2004 (HA 2004) requires a landlord who has received a tenancy deposit, to register it with an authorised scheme and provide information relating to it to the tenant within 30 days of receiving the deposit (prior to amendment by section 184 of the Localism Act 2011, this was within 14 days). If a landlord fails

The commercial rent arrears recovery (CRAR) regime, by which landlords may seize a tenant’s goods from the demised premises in order to recover unpaid rent, was introduced by section 72 of the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007), which repealed the ancient law of distress. The procedure is set out in TCEA 2007, Sch 12, and is referred to as ‘Taking control of goods’. For general guidance on CRAR, see Practice Note: Commercial rent arrears recovery (CRAR). One of the ways in which an enforcement agent may take control of goods is by entering into a ‘controlled goods agreement’ with the tenant debtor. By TCEA 2007,

This Q&A raises the application of the Housing Act 2004 (HA 2004) in relation to assured shorthold tenancies (ASTs) under the Housing Act 1988 (HA 1988). In summary, where a landlord receives a deposit in connection with an AST, two steps must be taken within 30 days. First, the initial requirements of an authorised scheme must be compiled with (HA 2004, s 213(3)). Second, certain prescribed information must be given to the tenant (HA 2004, s 213(5)(6)). The prescribed information is to be found in the Housing (Tenancy Deposits)(Prescribed Information Order) 2007, SI 2007/797. A failure to do so restricts the right of the landlord to serve a notice under HA 1988, s 21 and gives the tenant the right to apply for an order

Section 212 of the Housing Act 2004 (HA 2004) provides for the creation of a national ‘tenancy deposit scheme’. The scheme applies to any deposit paid in connection with an assured shorthold tenancy (AST), see: HA 2004, s 212(1). There are two types of authorised arrangements for the holding of such deposits. HA 2004, Sch 10 provides that a tenancy deposit scheme must be either: • a custodial scheme • an insurance scheme Any ‘tenancy deposit’ paid to a person in connection with an AST must, as from the time when it is received, be

This Q&A assumed that the forfeiture was by peaceable re-entry. If a landlord forfeits due to rent arrears, as a general rule (where re-entry is peaceable, and, whether relief is sought in the County Court or High Court), the former tenant should apply for relief without delay and within six months of the date on which the landlord recovers possession. The grant of such relief is discretionary and turns on the court’s consideration of various factors, see Practice Note: Relief from forfeiture for rent arrears. If a landlord forfeits due to any breach other than rent arrears (where re-entry is peaceable), relief can still be sought after the landlord has taken possession by peaceable re-entry because they are still ‘proceeding’ to enforce until they obtain a judgment for possession.

Pursuant to section 215(2A) of the Housing Act 2004 (HA 2004), the landlord can serve a section 21 notice if the deposit has been returned in full or with such deductions as are agreed between the landlord and the tenant. It was clarified in the Court of Appeal case of Spencer v Taylor that the section 21(1)(b) notice procedure can be used where

Except where expressly referred to, this Q&A does not address issues which affect the validity of a notice served under section 21 of the Housing Act 1988 (HA 1988), such as: • failure to protect the tenant’s deposit in a deposit scheme (as to which see Practice Note: Tenancy deposit schemes) • failure to obtain licensing for a house in multiple occupation (HMO) (as to which see Practice Note: Houses in multiple occupation (HMOs)) and, • the new rules introduced by the Deregulation Act 2015 (DA 2015) which apply to English tenancies which were entered into on/after 1 October 2015 Broadly, this question must be considered under two heads. First, there is a category of cases which contain: • English tenancies entered into before 1 October 2015, or statutory periodic tenancies which arose on/after 1 October 2015 at the end of a fixed

The answer to this question is likely to depend on a detailed analysis of all the facts. To be entitled to a new lease, the Landlord and Tenant Act 1954 (LTA 1954) must apply. By LTA 1954, s 23(1), it applies to ‘any tenancy where the property comprised in the tenancy is or includes premises which are occupied by the tenant and are so occupied for the purposes of a business carried on by him or for those and other purposes’. The following issues may arise (among others): Who is the tenant? As

A persistent breach of a tenant covenant in a lease does not cause the lease to be forfeited. For forfeiture, the landlord must have the intention to forfeit, and demonstrate that with an unequivocal act. That act is usually changing the locks, or otherwise retaking possession, serving a claim for possession, or reletting the premises. In the case of a breach of an alienation

This Q&A considers the requirements in order to serve a valid section 21 notice pursuant to the Housing Act 1988 in circumstances where a six-month fixed term tenancy commenced in 2013 and, thereafter, became a statutory periodic tenancy. The requirements necessary to be complied with when serving a section 21 notice upon a tenant were made significantly more onerous by the commencement of the Deregulation Act 2015 (DA 2015) and the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015, SI 2015/1646. In particular, DA 2015 provides that, in respect of a tenancy which commenced on or after 1 October 2015 (including renewals), the landlord must serve the tenant with an energy performance certificate and gas safety certificate prior to the tenancy commencing. At first blush, it would seem as though

Succession On the death of a Rent Act 1977 tenant, family members other than spouses can succeed to the tenancy, but only as assured tenants paying a market rent, and only if they have lived in the dwelling house for at least two years before the death of the original tenant—see Schedule 1, para 3, which provides as follows: (1) Where paragraph 2 above does not apply, but a person who was a member of the original tenant's family was residing with him [in

In England, a section 21 notice may not be served at a time when the landlord is in breach of a requirement prescribed by regulations, section 21A(1) of the Housing Act 1988 (HA 1988). The regulations presently in force are the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015, SI 2015/1646. In particular, the landlord must give the tenant an energy performance certificate (under the Energy Performance of Buildings (England and Wales) Regulations 2012, SI 2012/3118) and a gas safety certificate (under the Gas Safety (Installation and Use) Regulations 1998, SI 1998/2451). The landlord must also provide a copy of the document entitled ‘How to rent: the checklist for renting in England’, as published by the Department for