Assured Tenancy
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Assured Tenancy
An assured tenancy is a legal category of residential tenancy to an individual (or individuals jointly) in English land law. Statute affords a tenant under an assured tenancy a degree of security of tenure. A tenant under an assured tenancy may not be evicted without a reasonable ground in the Housing Act 1988 and, where periodic changes in rent are potentially subject to a challenge before a rent assessment committee. Assured tenancies were introduced by the Housing Act 1988 that applies to tenancies entered from its commencement date or those assured tenancies it converted from the Housing Act 1980. The Act replaced most of the greater rent protection under the Rent Act 1977 and in rarer cases, other Rent Acts. However, since 28 February 1997, all new residential tenancies with three exceptions are deemed to be assured shorthold tenancies.''Commercial Property'': Part III - Residential Tenancies, P. Butt, College of Law Publishing (Guildford), 2008 These exceptions are thos ...
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Reading County Court
Reading is the process of taking in the sense or meaning of letters, symbols, etc., especially by sight or touch. For educators and researchers, reading is a multifaceted process involving such areas as word recognition, orthography (spelling), alphabetics, phonics, phonemic awareness, vocabulary, comprehension, fluency, and motivation. Other types of reading and writing, such as pictograms (e.g., a hazard symbol and an emoji), are not based on speech-based writing systems. The common link is the interpretation of symbols to extract the meaning from the visual notations or tactile signals (as in the case of Braille). Overview Reading is typically an individual activity, done silently, although on occasion a person reads out loud for other listeners; or reads aloud for one's own use, for better comprehension. Before the reintroduction of separated text (spaces between words) in the late Middle Ages, the ability to read silently was considered rather remarkable. Major pred ...
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Landlord And Tenant Act 1954
The Landlord and Tenant Act 1954 (2 & 3 Eliz 2 c 56) is an act of the United Kingdom Parliament extending to England and Wales. Part II of the act is a statutory code governing business tenancies. Part I of the act, which deals with the protection of residential tenancies, is now largely superseded. Part II of the act gives business tenants a degree of security of tenure. A business tenant protected by the act may not be evicted simply by the giving of notice to quit or by the ending of a fixed term of the tenancy. The landlord must serve a notice on the tenant, stating which of the seven grounds of opposition they wish to rely upon to oppose a new tenancy. Applicability Part II of the Act applies to any tenancy where the property "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". There are some exceptions from the Act. These are included in S.43. These include mining ...
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Rent Regulation In England And Wales
Rent regulation in England and Wales is the part of English land law that creates rights and obligations for tenants and landlords. The main areas of regulation concern, *the mechanisms for regulating prices (historically called "rent control"). Since the Housing Act 1980, prices are generally left for landlords to fix. *the reasons that a person can be evicted. Since the Housing Act 1996, most tenancies can be terminated on their expiry for any reason. *the obligations to repair and maintain the property under the Landlord and Tenant Act 1985. In general, people renting homes or real property may agree with a landlord to any contract terms they like, but some rights and duties are made compulsory. Historically, the United Kingdom sought to ensure fair rents, prevent evictions without a fair reason, and placed obligations on landlords to properly maintain premises. Such regulation seeks to redress the inequality of bargaining power between landlords and tenants in a market where ...
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Short Assured Tenancy (Scotland)
A short assured tenancy is a type of tenancy in Scotland that was introduced by the Housing (Scotland) Act 1988.Legislation.gov.uk
Part II
A short assured tenancy gives s some protection and freedom of action when letting their properties. Short assured tenancies have become the norm within the residential letting industry in Scotland. The equivalent legislation in is . Following the enactme ...
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Assured Shorthold Tenancy
The assured shorthold tenancy (AST) is the default legal category of residential tenancy in England and Wales. It is a form of assured tenancy with limited security of tenure, which was introduced by the Housing Act 1988 and saw an important default provision and a widening of its definition made by the Housing Act 1996. Since 28 February 1997 in respect of accommodation to new tenants who are new to their landlords, the assured shorthold tenancy has become the most common form of arrangement that involves a private residential landlord. The equivalent in Scotland is short assured tenancy. Requirements The tenancy must meet the basic requirements of an assured tenancy (excluding the security of tenure effects) and all of the following: # Any of the following: ## The tenancy started between 15 January 1989 and 27 January 1997 (inclusive) and was accompanied by a prescribed warning, was for a fixed term, and for at least six months ## The tenancy started at or after 28 February ...
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Protection From Eviction Act 1977
The Protection from Eviction Act 1977c 43 is an Act of Parliament of the United Kingdom protecting people renting accommodation from losing their homes without the involvement of a court. Contents The Act's aim is to protect tenants from being ejected from their homes by landlords, unless there has been a court order. Section 3 states that nobody can be forcibly evicted without a court order. The purpose of this section was to prevent aggressive landlords becoming violent. Section 3A states that there are a number of exclusions. These are primarily when a landlord actually resides in the same property as the tenant, or the accommodation falls within the definition of a hostel or hotel. Section 5 states that everyone, whether classified as having a lease or a licence, is required to be given four weeks notice before they are evicted. Any "notice to quit" has no effect before this time. Failure to respect the Act Police have frequently failed to intervene when tenants were forceab ...
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Section 8 Notice
A Section 8 notice, also known as the Section 8 notice to quit or Form 3. It is a prerequisite if the landlord of an assured tenancy or assured shorthold tenancy wishes to obtain possession order from the court, thereby ending the tenancy, for a reason based on a circumstance entitling the landlord to possession under the grounds pleaded. It is used in England and Wales and is part of the Housing Act 1988.http://www.legislation.gov.uk/ukpga/1988/50 Housing Act 1988 as amended by the Housing Act 1996. Overview An assured shorthold tenancy may also be ended by the execution of a possession order based on a Section 21 notice. The differences between the Section 8 and Section 21 procedures are: * A Section 21 notice may be used without the landlord giving any reason, whereas for a Section 8 notice to be used the landlord must satisfy one of the statutory grounds for eviction. * The Section 8 notice may be used for an assured shorthold tenancy or an assured tenancy. Section 21 Not ...
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Surrender (law)
In common law, surrender is the term describing a situation where a tenant gives up possession of property held under a tenancy as a result of which the tenancy ends. A surrender differs from an eviction Eviction is the removal of a tenant from rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosed by a mortgagee (often, the prior owners who defaulted on a mortgag ... on the question of mutual agreement. Surrender implies a mutual agreement, whereas eviction implies the absence of a mutual agreement. References Property law {{law-term-stub ...
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Housing Act 1985
The Housing Act 1985 is a British Act of Parliament. The act introduced laws relating to the succession of Council Houses.Wilson, W. (2014) ''Succession rights and social housing'', House of Commons Research Paper, SN/SP/1998, p. 2 It also facilitated the transfer of council housing to not-for-profit housing associations. ;Overcrowding:Paragraph 236 Replicates the 1935 Housing Act, Part 10, including using space standards as a means by which to control overcrowding. A breach of these standards is a criminal offence. A child under 10, is a 1/2 person. See also *English land law *Housing Act 1980 The Housing Act 1980 was an Act of Parliament passed by the Parliament of the United Kingdom that gave five million council house tenants in England and Wales the Right to Buy their house from their local authority. The Act came into force on 3 ... * Public housing in the United Kingdom ยง Stock transfer References ;Notes ;Bibliography * {{Housing in the United Kingdom United K ...
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Secure Tenancy
A secure tenancy is a type of tenancy in the United Kingdom created by the Housing Act 1980. Most tenancies started before 15 January 1989 are likely to be secure. The secure tenancy was replaced on 15 January 1989 for new tenancies by an assured tenancy, with weaker protection, Document explaining all the different types of tenancy for England and Wales, and their conditions. by the Housing Act 1988 The Housing Act 1988 is an Act of Parliament in the United Kingdom. It governs the law between landlords and tenants. The Act introduced the concepts of assured tenancy and assured shorthold tenancy. It also facilitated the transfer of council .... References {{Tenancies in the United Kingdom English property law Tenancies in the United Kingdom ...
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English Land Law
English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is usually seen as the most important part of English property law. Ownership of land has its roots in the feudal system established by William the Conqueror after 1066, and with a gradually diminishing aristocratic presence, now sees a large number of owners playing in an active market for real estate. The modern law's sources derive from the old courts of common law and equity, along with legislation such as the Law of Property Act 1925, the Settled Land Act 1925, the Land Charges Act 1972, the Trusts of Land and Appointment of Trustees Act 1996 and the Land Registration Act 2002. At its core, English land law involves the acquisition, content and priority of rights and obligations among people with interests in land. Having a property right in land, as opposed to a contractual or some other personal right, matters because it creates privileges over ...
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Assured Shorthold Tenancy
The assured shorthold tenancy (AST) is the default legal category of residential tenancy in England and Wales. It is a form of assured tenancy with limited security of tenure, which was introduced by the Housing Act 1988 and saw an important default provision and a widening of its definition made by the Housing Act 1996. Since 28 February 1997 in respect of accommodation to new tenants who are new to their landlords, the assured shorthold tenancy has become the most common form of arrangement that involves a private residential landlord. The equivalent in Scotland is short assured tenancy. Requirements The tenancy must meet the basic requirements of an assured tenancy (excluding the security of tenure effects) and all of the following: # Any of the following: ## The tenancy started between 15 January 1989 and 27 January 1997 (inclusive) and was accompanied by a prescribed warning, was for a fixed term, and for at least six months ## The tenancy started at or after 28 February ...
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