Recent Entries

• Capital Restrictions

  by tenancy solved May 31, 2018
  Possession of more than £16,000 in capital will prohibit any claim for Housing Benefit by the tenant. If the tenant or their partner has more than £16,000 in capital they will not be entitled to receive Housing Benefit unless they are in receipt of the Guarantee Credit element of Pens...

• Savings Restrictions

  by tenancy solved May 31, 2018
  The first £6,000 of any investments or savings will not be taken into account when calculating entitlements to Housing Benefit. Any savings of investments or savings in excess of £16,000 will prohibit the receipt of Housing Benefit or Council Tax Benefit.

• Income Requirements

  by tenancy solved May 31, 2018
  Housing Benefit will cover all of the eligible rent (subject to benefit cap restrictions) if a tenant is in receipt of the following: Income based Jobseeker’s Allowance Income related Employment and Support Allowance The Guarantee Credit element of Pension Credit

• Eligible Rent

  by tenancy solved May 31, 2018
  Eligible rent is defined as only the amount that the tenant pays to occupy their property. It does not include the costs associated with heating, food, lighting and service costs. The eligible rent is the amount that appears in the calculation of Housing Benefits and is called the Maximum Housing...

• Eligibility For Housing Benefit.

  by tenancy solved May 31, 2018
  The Criteria for eligibility is as follows: The tenant is liable for payments in respect of a property occupied as a home. The tenant is already in receipt of a benefit (Income Support, income based JSA/ESA and Pension Credit) that entitles them to Housing Benefit. The person is classified as B...

• Housing Benefit

  by tenancy solved May 31, 2018
  What is Housing Benefit? Housing Benefit offers assistance towards paying all or part of the rent of tenants on low incomes or who are in receipt of benefits. Claims should be made at a local authorities’ offices on the appropriate benefit application form.  

• Fast Track Evictions

  by tenancy solved May 31, 2018
  At the time of the Claim for Possession a landlord can request that the enforcement of the possession order be carried out by the High Court. This request can also be made at the possession hearing. The landlord will request this action usually due to delays in using County Court bailiffs, risk of...

• Warrant of Eviction

  by tenancy solved May 31, 2018
  If the tenant is still in the property once the date for possession on the possession order has passed the landlord is entitled to make an application for a warrant of eviction. Once this has been filed the Court will issue a warrant to the tenant giving the date and time that the court bailiff wi...

• Application to set aside or vary an order for possession – CPR

  by tenancy solved May 31, 2018
  An application for set aside or to vary a possession order needs to be made within 14 days of the order being served. The tenant will be required to satisfy the following: Provide good reason for not attending the trial. Has acted in good time since being informed of the Order. Has reasonable ...

• Challenge to a Possession Order.

  by tenancy solved May 31, 2018
  It is possible for a tenant to apply to set aside or vary the possession order. This is possible in the following circumstances: The tenant was not notifies of the hearing date The tenant filed a late response to the Claim The Court papers were not received by the tenant The tenant did not att...

• Subsequent to the Hearing.

  by tenancy solved May 31, 2018
  The tenant will receive a copy of the possession order subsequent to the hearing. This will detail what order the judge has made, the date that the tenant is required to leave the property, details of any money orders made and if there are any further costs.   If the tenant does not leave ...

• Exceptional Hardship

  by tenancy solved May 31, 2018
    Application to remain in the property. A tenant is able to apply to remain in a property on the grounds of exceptional hardship following a judgement for outright possession. If the Judge is satisfied that an early eviction would cause exceptional hardship to the tenant then he can grant an...

• Court Costs

  by tenancy solved May 31, 2018
  In the event of a possession order being made the tenant may be required the pay the legal costs of the landlord commencing possession proceedings

• Money Judgement

  by tenancy solved May 31, 2018
  If the judgement for possession is on the grounds of rent arrears then the Court will also issue a money judgement against the tenant. This requires a sum of money to be paid by the tenant to the landlord which will be the amount claimed for rent arrears plus Court costs

• Dismissal

  by tenancy solved May 31, 2018
  The claim can be dismissed for the following reasons: The correct procedure for bring the case to court has not been followed by the landlord It has not been proved by the landlord that any grounds for possession have been breached

• Adjournment

  by tenancy solved May 31, 2018
    The judge can adjourn a case if he/she is unable to make a decision on the case. The adjournment can be for a specified period or indefinitely.

• Court Orders

  by tenancy solved May 31, 2018
  Outright Possession Orders   This will require the tenant to vacate the property by a specified date. A Warrant of Eviction will need to be applied for by the landlord if the tenant does not leave the property by this date. The possession can take place forthwith after the hearing or with ...

• CPR 55.12 Requirements

  by tenancy solved May 31, 2018
  An assured short hold tenancy was granted after 15/1/1989, Its only purpose is to recover possession. The tenancy did not automatically follow an Assured tenancy which was not an Assured short hold tenancy. The tenancy is subject to a written agreement or follows a tenancy where there was a wri...

• Civil Procedure Rules (CPR)

  by tenancy solved May 31, 2018
  Civil Proceduat www.justice.gov.uk These are the rules of civil procedure used by the Court of Appeal, High Court of Justice, and County Courts in England and Wales

• Accelerated Possession Procedure

  by tenancy solved May 31, 2018
  This can be used to claim possession of a residential property without going to Court. It is only applicable following service of a Section 21 Notice. It cannot be used if it is claimed that there has been a breach of the tenancy agreement by the tenant. The case must also meet the requirements in...

• Features of an Assured Shorthold Tenancy

  by tenancy solved March 8, 2018
  The property is the tenant’s main residence let as separate accommodation. The property cannot be reclaimed by the landlord during the tenants first six months of occupation. Unless the grounds for possession are breached the landlord cannot claim possession during the fixed term. After t...

• Assured Shorthold Tenancy

  by tenancy solved March 8, 2018
    If created after 28th February 1997 by a private landlord a tenancy will automatically be an assured shorthold tenancy. Exceptions (tenants should seek further advice as to their right from a Solicitor) to this rule set out in Schedule 2A Housing Act 1988 are as follows:   If a...

• Assured Tenancy – Section 1,Housing Act 1988

  by tenancy solved March 8, 2018
  An Assured Tenancy is defined as: A tenancy of a dwelling house let to an individual who occupies the property as his or her only or principal house. These are granted by Housing Associations (Registered Social Landlords (RSLs)) and have the following attributes: Before a landlord begins p...

• Rent Act Tenancy – Rent Act 1977

  by tenancy solved March 8, 2018
  Definition – A tenancy under which a dwelling-house (which may be a house or part of a house) is let as a separate dwelling. The amount of rent that can be charged is regulated by linking increases to the Retail Price Index. This is known as a Fair Rent. Any rent increases requested by a...

• Termination of a Secure Tenancy by the Tenant

  by tenancy solved March 8, 2018
  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 H...

• Secure Tenancy – Housing Act 1985

  by tenancy solved March 8, 2018
  Tenancies which are granted to an individual by a public body. The property must be the individual’s principle or only home as defined in Section 79(1) Housing Act 1985.   Section 80 Housing Act 1985 details the type of landlords classed as secure:   A development corporation ...

• Landlords Actions to End a Tenancy

  by tenancy solved March 8, 2018
  The following details the actions a landlord should take to obtain lawful possession of a property. The actions differ depending if the tenancy is periodic or fixed.   Fixed Term Tenancies   A defined period of agreement between the tenant and landlord to which they are bound. During...

• Statutory Tenancy

  by tenancy solved March 8, 2018
  A Statutory Tenancy begins if a protected tenant remains in the property at the end of contractual term following a valid notice to quit or a notice of rent increase. The same terms and conditions will apply.   The landlord can only apply for possession once the tenancy becomes statutory. S...

• Termination of a Rent Act Tenancy by a Landlord

  by tenancy solved March 8, 2018
  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. Surre...

• End of Tenancy Notices

  by tenancy solved March 1, 2018
      valid notice to recover the property served on the tenant is a legal requirement as the first step in legal proceedings. A notice can take the following forms: A Section 8 Notice of Seeking Possession. This can be served if the tenant has breached part of the tenancy agree...

• Assured Tenancy – Section 1,Housing Act 1988

  by tenancy solved March 1, 2018
    An Assured Tenancy is defined as: A tenancy of a dwelling house let to an individual who occupies the property as his or her only or principle house. These are granted by Housing Associations (Registered Social Landlords (RSLs)) and have the following attributes: Before a landlord begins...

• Local Authority Inspection of a HMO

  by tenancy solved February 22, 2018
  A local authority inspection of a HMO will include all areas of the property. Particular emphasis will be placed on areas where hazards could result from sharing of the property.   Local Authority Enforcement Action.   The following areas of enforcement can be taken against a landlor...

• Housing Health and Safety Rating System (HHSRS)

  by tenancy solved February 21, 2018
    Housing Health and Safety Rating System (HHSRS); Management Regulations Management Regulations and Inspections are required for both licenced and unlicensed HMOs in order for the property to be adequately managed as well as meeting the required safety standards. The property manager is req...

• Houses in Multiple Occupation (HMO)

  by tenancy solved February 20, 2018
    The term Houses in Multiple Occupancy can be applied to an area where a tenant lives in shared accommodation. If this applies to the tenant’s property, the landlord will have to abide by and be subject to various statutory requirements and penalties. Section 77 and sections 254-2...

• Disrepairs

  by tenancy solved February 15, 2018
    Disrepair- Who is responsible   The general rule on disrepair is that it usually falls under the responsibilities of the landlord and is listed on the tenancy agreement. The confusion between disrepair and wear and tear (improvement) can cause a lot of misunderstanding between landlor...

• Court Orders

  by tenancy solved February 15, 2018
    Outright Possession Order   The judge will issue an outright possession order to the tenant(s) to vacate a property on a specific date. If the tenant(s) fail to vacate a property on the specific date given, the landlord can proceed and apply for a Warrant of Eviction.   The jud...

• Tenancy Deposits (Part 1)

  by tenancy solved February 9, 2018
       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 i...

• Energy Performance Certificate (EPC)

  by tenancy solved February 6, 2018
    An Energy Performance Certificate (EPC) is valid for 10 years and its’ purpose is to inform the tenant and landlord/letting agent of the properties energy efficiency rating and how to reduce the energy costs of that property.   The UK government ‘s legislation intr...

• Gas Safety Record

  by tenancy solved February 2, 2018
    Under Section 36 of the Gas Safety Installation and Use regulations 1998, all landlords must and are legally required to carry out a gas safety check by a recognised registered gas safety engineer each year and this should include:   Repair and maintain gas pipework, flues and appli...

• Professional Cleaning

  by tenancy solved February 1, 2018
    It is the duty of the tenant to check if the tenancy agreement contains a clause for professional cleaning fees when he/she decides to move out of the property. If a professional cleaning fee is not included in the tenancy agreement, then it cannot be enforced by the landlord at the end of...

• Property Inventories

  by tenancy solved February 1, 2018
  An estate agent/letting agent or landlord has a right to take an inventory of the rental property when furnished or not furnished before letting it out to potential tenants. An inventory document will list all items in the property and the current condition of the property at the time the pro...

• Tenancy Agreement

  by tenancy solved February 1, 2018
  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 s...

• Assured Shorthold Tenants

  by tenancy solved February 1, 2018
  Most landlords use a letting agent to manage their property to avoid the stress which comes with renting a property. Others chose to manage their property without the help or service of a letting agent to avoid paying high letting agent fees. Letting agents are mostly located on main high stree...