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  Tenancy Agreement

  When a tenant’s credit checks are deemed satisfactory and accepted by a checking agency or the landlord, the tenant is required to sign a tenancy agreement by the landlord or estate agent acting on behalf of the landlord.

  The tenancy agreement is a legally binding document which sets out the legal duties and obligations of the landlord and tenant.

  The tenant must request in writing to the landlord or the estate/letting agent to be provided with a tenancy agreement if this has not been provided at the beginning of the lease.

   

  The letting agent/landlord must provide a written statement of the following terms of the tenancy:

   

  The date on which the tenancy begins or takes effect.

  The total rent to be paid and the dates on which the rent is due.

  Any terms relating to rent review; the tenancy agreements fixed term, and the duration of such term.

  Failure to provide this information following a formal request is an offence under;

  Section 20 A (4) of the Housing Act 1988 as introduced by section 97 of the Housing Act 1996.

   

  (4) A landlord who fails, without reasonable excuse, to comply with a notice under subsection (1) above within the period of 28 days beginning with the date on which he received the notice is liable on summary conviction to a fine not exceeding leval4 on the standard scale.

   

  In the case where the tenancy agreement is done verbally/orally, the landlord is required by law to provide the tenant with a rent book and/or receipts for rent payments. A landlord will be committing a criminal offence if they fail to provide the tenant with these documents or proof of monies received. 

  

  by: tenancy solved uploaded February 1, 2018
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  Tenancy Deposits (Part 1)

   

   

   Tenancy deposit What are the requirements

  • The tenancy deposit must be registered by the landlord / letting agents with at least one of the deposit scheme in the United Kingdom.

   

  • The housing (tenancy deposits) specified that the tenant and other people involve in the tenancy must be given housing tenancy deposits prescribed information order 2007.

   

  • The tenants and other people involve in the tenancy deposits should be given, documents of the scheme.

   

  • Section 213 of the housing act 2004 clearly stipulate that each of these requirements must be applied within 30 days from receipt of the tenancy deposit. The landlord / letting agent are ultimately responsible to make sure that the time limit is observed. 

  Prescribed information of the tenancy deposit

  • The housing (tenant Deposit) (prescribed information) order sets out the exact information requirement to be contained In the Prescribed information that is given to tenant.
  • The Act: Prescribed information for the purpose of section 213(5) of the housing Act 2004
  • Details of the authorised tenancy scheme dealing with the tenancy deposit.
  • The name, address, email, and complete address
  • The landlord must be supplied with the written information explaining the meaning and application of the provision contained in the sections 212 – 215 of and schedule 10 to the act; 
  • The process which describes the way the deposit amount should be repaid to the tenant at the end of the tenancy.

   

  • The process to follow in the event that both tenant and landlord are in disagreement at the end of the tenancy. 

   

  • The name(s), address(s), email address(s) and other contact details of any relevant person(s) in connection with the tenancy.

   

  The correct course of action available to facilitate disputes in relation to the deposit without resorting to litigation, using all available documents and information which describe the circumstances in which the deposit has been paid. Information such as:

   The exact sum paid.

  • The address of the property to which the deposit scheme and tenancy are registered.

   

  • The names, address(s), telephone or mobile number(s), email address(s) and website address if any, and any other information that helps identify the landlord and his/her location or place of business at the end of the tenancy.

   

  • The name(s) of tenant or tenants, the address(s), the telephone or mobile number(s), the email address(s) and any other information or documents that can help identify the tenant(s) location(s) or place of business at the end of the tenancy.

   

  • The particular way where the full or partial amount of the deposit is being kept by the landlord/ letting agent as described in the terms of the tenancy agreement.

   

   

  • The document or form used. Usually, a certificate signed by the landlord/letting agent as well as the tenant(s) indicating that all parties understand the information contained therein and acknowledge its accuracy. Furthermore, it is a recognition of the act which highlights the proceedings when both tenant or landlord are not contactable at the end of the tenancy.

   

  Tenancy Deposit Scheme.

  • At the beginning of a tenancy, a landlord/letting agent must provide a certificate when a deposit has been collected in connection with a lease/tenancy agreement. It is the acknowledgement that the deposit is protected.

   

  • Deposit Protection Certificate (DPC). This is a certificate provided to the tenant(s) by the landlord(s) which details the information that is required on the certificate. These details will include the landlord/letting agent names, the tenant(s) name(s) the deposit amount, telephone number(s) etc… 
  

  by: tenancy solved uploaded February 9, 2018
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  Tenant defences

   

  The following are the most common defences that can be used by tenants against claims for rent arrears possession:

  • If the property is suffering from some sort of disrepair then the tenant can file a counterclaim that can be offset against the rent arears claim.
  • If the tenancy deposit scheme rules have not been complied with the tenant can file a counterclaim for the penalty to be offset against the rent arrears.
  • If the rent arrears schedule does not contain a full record of payments made by the tenant for which he or she has proof of paying.
  • The court my adjourn proceedings to give the tenant extra time to resolve ay housing benefit problems.
  • If the claim for possession is following service of a Section 21 Notice the following defences can be raised:

  The Section 21 Notice is invalid.

  • The tenancy deposit has not been protected in one of the prescribed deposit schemes and/or has not provided the tenant with the relevant information in line with the tenancy deposit rules.
  • The tenant’s property is part of an unlicensed House of Multiple Occupation.
  

  by: tenancy solved uploaded July 20, 2018
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  Tenants Repairs Responsibility

  A tenancy agreement may require that the tenant is required to keep the property in a good state of repair and be responsible for putting right any damage that they have cased to the property including putting the property back to the state it was in at the start of the rental period. The tenancy deposit will face deductions at the end of the period to rectify any defects that should have been corrected by the tenant.

  

  by: tenancy solved uploaded May 31, 2018
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  Termination of a Rent Act Tenancy by a Landlord

  Termination of a Rent Act Tenancy by a Landlord

   

  Protected Tenancy

   

  The tenancy agreement gives the terms under which a landlord may end a protected tenancy.

  The following methods can be used to end a tenancy:

  End of the fixed term tenancy.

  Landlord serves Notice to Quit.

  Surrender –operation of the law or express agreement.

  Notice of an increase in rent is served.

   

  Statutory Tenancy

  Only when the contractual tenancy ends is the landlord entitled to possession by serving a Notice to Quit.

  The landlord is required to issue a claim for possession at court and also satisfy the court that there has been breach of the Grounds of the tenancy by the tenant and a result they are entitled to possession.

   

  

  by: tenancy solved uploaded March 8, 2018
• 
  Termination of a Secure Tenancy by the Tenant

  A tenant can end a tenancy by:

  • Serving a Notice to Quit
  • Surrendering the tenancy

   Termination by the Landlord

  • A landlord must obtain a Court order and serve the appropriate notice:
  • A Notice to Quit
  • Section 8 Notice of Seeking Possession
  • Obtain a demotion order under Section 82A Housing Act 1985. (A demoted tenancy is one which is issued by order of a Court and last for one year unless extended to 18 months. The secure tenancy will be replaced with a less secure demoted tenancy by order of the Court).

   

  

  by: tenancy solved uploaded March 8, 2018
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  The Hearing

  • The case will be listed for a hearing if the Standard Possession Procedure has been used by the landlord.
  • If the landlord uses any of the mandatory grounds for possession or possession under Section 21 Housing Act 1988 the Judge will be bound to make an Outright Possession Oder if it is proved that the tenant is in breach of the mandatory grounds for possession and/or the requirements of Section 21 have been fulfilled by the landlord.
  

  by: tenancy solved uploaded July 20, 2018
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  Trespass

  Trespass to Property

  • A tenant has the right of possession to the property to the exclusion of all others. Therefore, if someone including the landlord enters the property without the tenant’s permission they are committing an offence of trespass.

  Trespass to goods

  • Trespass to goods relates to any interference or damage to a tenant’s belongings. If this occurs, a tenant is entitled to claim for trespass to goods against the landlord. Evidence will need to be produced such as receipts and proof of damage.

   

  

  by: tenancy solved uploaded July 27, 2018

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