Rent Control In England And Wales
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Rent Control 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 t ...
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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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Rent-seeking
Rent-seeking is the act of growing one's existing wealth without creating new wealth by manipulating the social or political environment. Rent-seeking activities have negative effects on the rest of society. They result in reduced economic efficiency through misallocation of resources, reduced wealth creation, lost government revenue, heightened income inequality, and potential national decline. Attempts at capture of regulatory agencies to gain a coercive monopoly can result in advantages for rent-seekers in a market while imposing disadvantages on their uncorrupt competitors. This is one of many possible forms of rent-seeking behavior. Description The term rent, in the narrow sense of economic rent, was coined by the British 19th-century economist David Ricardo, but rent-seeking only became the subject of durable interest among economists and political scientists more than a century later after the publication of two influential papers on the topic by Gordon Tullock in 19 ...
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Vernon V Bethell
''Vernon v Bethell'' (1762is an English property law case, where it was affirmed that there could be no clog on the equity of redemption. In justifying this rule, Lord Henley LC made the famous observation that, The case stands for the principle "once a mortgage, always a mortgage", meaning a borrower cannot contract to give up his automatic right to redeem title to his property once the debt is paid. It was a landmark decision in upholding some basic protection at common law for debtors. It also had historic significance in the principle it laid out inspired the Second Bill of Rights, proclaimed by the American President Franklin D. Roosevelt in his 1944 State of the Union Address, to promote basic social and economic rights for all citizens. Facts Major James Vernon wished to pay off his debts to Mr Bethell’s estate and recover title of a sugar plantation in Antigua where he lived. Vernon had taken out a £278 mortgage on the land, and on 5 March 1729 he assigned the mor ...
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Rent Regulation
Rent regulation is a system of laws, administered by a court or a public authority, which aims to ensure the affordability of housing and tenancies on the rental market for dwellings. Generally, a system of rent regulation involves: * Price controls, limits on the rent that a landlord may charge, typically called rent control or rent stabilization *Eviction controls: codified standards by which a landlord may terminate a tenancy *Obligations on the landlord or tenant regarding adequate maintenance of the property *A system of oversight and enforcement by an independent regulator and ombudsman The loose term "rent control" covers a spectrum of regulation which can vary from setting the absolute amount of rent that can be charged, with no allowed increases, to placing different limits on the amount that rent can increase; these restrictions may continue between tenancies, or may be applied only within the duration of a tenancy. As of 2016, at least 14 of the 36 OECD countries hav ...
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The Property Ombudsman
The Property Ombudsman (TPO) scheme is an ombudsman in the United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan .... It has been providing consumers and property agents with an alternative dispute resolution service since 1990. The scheme was underpinned by statue in 2007 (estate agents) and 2014 (letting and managing agents) and approved by the UK government to help consumers settle their disputes with property businesses such as estate agents, letting agents and property management agents. Overview The Property Ombudsman scheme can look at complaints made by consumers against agents registered with the scheme. This may include complaints about poor or incompetent service, including for example: communication and record keeping, marketing and advertising, comp ...
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Rent Act 1977
The Rent Act 1977 (c. 42) was an Act of Parliament passed in the United Kingdom. The Act introduced the protected tenancy in England and Wales. The organization setting the rent, the Valuation Office Agency, was known as the "Rent Office". See also *Rent regulation *English land law References External links * English property law United Kingdom Acts of Parliament 1977 Acts of the Parliament of the United Kingdom concerning England and Wales 1977 in England 1977 in Wales Britain Britain most often refers to: * The United Kingdom, a sovereign state in Europe comprising the island of Great Britain, the north-eastern part of the island of Ireland and many smaller islands * Great Britain, the largest island in the United King ... English land law Regulation in the United Kingdom {{England-law-stub ...
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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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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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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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Council Houses
A council house is a form of British public housing built by local authorities. A council estate is a building complex containing a number of council houses and other amenities like schools and shops. Construction took place mainly from 1919 after the Housing Act 1919 to the 1980s, with much less council housing built since then. There were local design variations, but they all adhered to local authority building standards. The Housing Acts of 1985 and 1988 facilitated the transfer of council housing to not-for-profit housing associations with access to private finance, and these new housing associations became the providers of most new public-sector housing. By 2003, 36.5% of the social rented housing stock was held by housing associations. History House design in the United Kingdom is defined by a series of Housing Acts, and public housing house design is defined by government directives and central governments' relationship with local authorities. From the first intervention ...
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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 housing to not-for-profit housing associations, which was then carried out partly through the system of Large Scale Voluntary Transfer. History Under the system of protected and statutory tenancies, tenants had the right to stay in a landlord's property almost indefinitely and pass the tenancy down to relatives. The difficulties landlords could face in trying to regain possession of their property created disincentives to owners' letting properties, which along with the fact that most council houses had been sold caused a housing shortage. In 1979, a Conservative government headed by Margaret Thatcher was elected. Thatcher sought to revamp the rented sector. At the time of the Housing Act 1988's enactment, the private rented sector accoun ...
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