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Property Law in United Kingdom | Real Estate Laws





Since 28 February 1997, all new tenancies for less than Ј25,000 per annum are "assured shorthold tenancies," unless the contract specifies that the dwelling is being let on an "assured" tenancy. (Tenancies above Ј25,000 per annum can be entirely freely contracted).

The assured shorthold tenancy gives the tenant security for an initial six months, even where the contract is for six months or less, unless the tenant has breached one of the standard grounds for possession. After that, the landlord need only give two months "notice requiring possession" to remove the tenant. No reason need be given for requiring possession.

Where the tenant refuses to surrender, the landlord cannot just walk in, he must apply to the court for a possession order, but this is easy and relatively quick. The court has no discretion to refuse.

If the contract is for a longer fixed term the landlord cannot apply for possession before the end of that term. Again, two monthsґ notice must be given after the end of the term.

At the end of any fixed term the tenancy becomes a periodic month-by-month tenancy. As always, to evict the tenant, two monthsґ landlordґs notice is necessary, and no reasons are necessary.

If the landlord and tenant do not agree any fixed period, a monthly assured shorthold tenancy is created, with the usual initial six months + two months protection for the tenant.

An "assured tenancy" gives the tenant more rights. New assured tenancies are however very rare.

In an assured tenancy, the landlord needs a good reason to evict the tenant. However, an assured tenancy can only be created if i) it is stated in the contract or ii) if the landlord gives written notice that it is an assured tenancy.

In an assured tenancy the court must evict an assured tenant if the landlord sends a "notice seeking possession" stating one of the following grounds:

  • Two months behind with the rent
  • Landlord needs to live in the property, and gave notice at the beginning of the tenancy that they might use this ground
  • The landlord is going to demolish or reconstruct the property

The court may evict an assured tenant if the landlord sends a "notice seeking possession" stating one of the following grounds:

  • Late with the rent
  • Persistently late with the rent
  • Damage to property or furniture
  • Causing a nuisance to the neighbours
  • The landlord has provided suitable alternative accommodation

"Regulated (or protected) tenancies" started before 15 January 1989. Here the tenant has very strong rights, under the Housing Act 1985, and the property is subject to "fair rent" assessed by Rent Assessment Committees.

These rights are inheritable by his spouse or live-in partner of different or same sex, and by his parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece.

The following Lex Mundi table provides a useful way of measuring the effectiveness of the UK system as regards tenants:



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