Recent Entries

• Ombudsman

  by tenancy solved July 9, 2020
  The Ombudsman   What does the housing ombudsman do: The Housing Ombudsman Service (HOS) looks at complaints about registered providers of social housing, for example housing associations, and other landlords, managers, and agents. The service is free, independent, and impartial  ...

• Bailiff

  by tenancy solved July 9, 2020
      BAILIFFS Note: Anyone who claims to be a bailiff under false pretense is committing fraud.   Who are bailiffs: Bailiffs are agents instructed to retrieve debts on behalf of either a creditor or the Courts. ·         Bailiffs ar...

• Useful lettings contacts

  by tenancy solved September 17, 2018
  The Association of Residential Letting Agents(ARLA) The organisation responsible for regulating the professional membership of letting agents in the UK.   Details: Tel: 0844 387 0555 Website:  www.arla.co.uk Address: Arbon House 6 Tournament Court, Edgehill Drive, Warwick, Warwichs...

• legal fees

  by tenancy solved August 10, 2018
  If a Local Authority has no TRO or he will not prosecute then the tenant can seek legal advice and representation for a private prosecution against the landlord. The Law Centre or Citizens Advice Bureau can offer free legal advice if the tenant qualifies for free legal aid. If the tenant does no...

• Landlords defences

  by tenancy solved August 10, 2018
  Defences   The following defences are available to any landlord who has had a claim for damages brought against them by a tenant. The landlord proves or had reasonable cause to believe that the tenant no longer occupies the property. It is reasonable for the tenant to return to the prop...

• Eviction

  by tenancy solved August 3, 2018
  Tenants actions if they have been illegally evicted.  If a tenant has been illegally forced to leave his property by a landlord, then he/she is entitled to claim damages under Sections 27 and 28 Housing Act 1988. If they have been reinstated in the property or if it is reasonable for them ...

• Gas and Electricity bills

  by tenancy solved July 31, 2018
    Gas and Electricity charges? Who is responsible The following is provided to ensure that both landlord and tenant are aware and understand who is responsible for gas and electricity charges within any properties that are let. Who is responsibleYou are responsible for the bills and charge...

• Derogation from Grant

  by tenancy solved July 27, 2018
  Derogation from Grant If the landlord has interred with the property in such a way as to make the property unfit for its intended purpose for which it was let, then he is said to have derogated from grant.

• Contract

  by tenancy solved July 27, 2018
  Causes of Action: Contract Once in a tenancy agreement and one party does not abide by the agreement the other party can sue for breach of contract. The non-defaulting party will be entitled to put back into the positon they were in prior to the breach of contract.

• Causes of Action TORT

  by tenancy solved July 27, 2018
    Causes of action: TORT If the actions of another has caused injury or loss to someone then this is a TORT and the individual who has suffered is entitled to claim to put them back to the position, they were in prior to the original action.

• Breach of quiet enjoyment

  by tenancy solved July 27, 2018
  Any action be the landlord which interferes with a tenant’s freedom of action in carrying out their rights as a tenant is classed as interference with the tenant’s quiet enjoyment of the property. E.g. disconnection of services and baring of entry to the property.

• Reinstatement in the property

  by tenancy solved July 27, 2018
  The tenant will still be able to proceed with a claim against the landlord in the County Court even if they have been reinstated in the property under the following courses of action: Trespass to goods Trespass to goods relates to any interference or damage to a tenant’s belongings. ...

• Trespass

  by tenancy solved July 27, 2018
  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...

• Injunction

  by tenancy solved July 27, 2018
    Types of Injunction An equitable remedy in the form of a court order that requires a party to do or refrain from undertaking specific acts. An injunction will be either interim or a final injunction: This prevents a landlord from illegally evicting or harassing a tenant whilst proceedi...

• Civil Proceedings.

  by tenancy solved July 27, 2018
  If violence is used, then the tenant is entitled to call the Police. The Police will be reluctant to prosecute if no violence is used and will advise the tenant to obtain legal advice to start civil legal proceedings in their local County Court. The tenant can make an application for an Injunction...

• Illegal eviction

  by tenancy solved July 27, 2018
  Tenants – Action against harassment/Illegal eviction   Criminal Actions The tenant should contact the Police if the landlord (or associates) has used verbal threats and/or physical violence towards him/her as part of harassment and/or illegal eviction. The tenant should also contact ...

• Protection from Harassment Act 1997

  by tenancy solved July 21, 2018
    The Protection from Harassment Act 1997 governs the law on the prohibition of harassment by a landlord (or someone acting on the landlord’s behalf) and the penalty for doing such. The Court has the power to make a restraining order against a landlord which will prohibit he/she fro...

• Harassment and Illegal Eviction

  by tenancy solved July 21, 2018
    If a landlord ends, and attempts to take possession of a Rent Act Protected, Secure, Assured or Assured shorthold tenancy whilst not following the correct legal procedure and taking any action which could be described as harassment he/she will have committed a criminal offence under the ...

• Ineligibility for Housing Benefit

  by tenancy solved July 20, 2018
  The following scenarios will preclude a tenant from claiming Housing Benefit:   If the tenant is living with a close relative including step relatives and their partners and paying rent. In this case the only way Housing Benefit maybe claimed is that if the Local Authority (after an inves...

• What is Housing Benefit?

  by tenancy solved July 20, 2018
  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.

• Application to set aside or vary an order for possession

  by tenancy solved July 20, 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 reasonabl...

• Exceptional Hardship Application to remain in the property.

  by tenancy solved July 20, 2018
  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 extension of up to 42 days to remain in the pro...

• Rent Arrears Protocol

  by tenancy solved July 20, 2018
    When bringing a claim for possession based on rent arrears a social landlord (this protocol does not apply to private landlords) must use the “Pre-Action Protocol for Possession Claims Based on Rent Arrears”  This details what assistance the landlord must give the tenan...

• Court Orders

  by tenancy solved July 20, 2018
  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 14 or 28 days. If the tenant can s...

• The Hearing

  by tenancy solved July 20, 2018
  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 ...

• Tenant defences

  by tenancy solved July 20, 2018
    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 ...

• Standard Possession Procedure Claims

  by tenancy solved July 20, 2018
  Claim Form N5 and Particulars of claim on a Form N119 are to be used by a landlord who is claiming possession based on the grounds within the Rent Act 1977 for Rent Act Tenants, Housing Act 1985 for Secure tenants and the Housing Act 1988 for Assured and Assured shorthold tenants as amended by ...

• Which Court?

  by tenancy solved July 20, 2018
  Any claim for possession will be commenced is the County Court which is local to the occupied property. Local court locations can be found at www.courttribunalfinder.service.gov.uk.

• CPR 55.12 Requirements

  by tenancy solved July 20, 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 w...

• Accelerated Possession Procedure

  by tenancy solved July 20, 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...

• What makes a Section 21 Notice Invalid?

  by tenancy solved July 20, 2018
    If the notice has been completed incorrectly it will be invalid and give the tenant a Technical Defence to the claim for possession. If the facts of the case mean that the notice is invalid this will give the tenant a Substantive Defence to the claim for possession.   Technical Def...

• Fit for Habitation

  by tenancy solved July 19, 2018
    Common law contains the implication that furnished accommodation is fit for habitation at the start of an immediate rental although there is no obligation for a landlord to keep it in that condition. It is not applicable when a property is let unfurnished. If a furnished property is not fi...

• Assured Shorthold Tenants

  by tenancy solved May 31, 2018
  Letting agents will charge fees for setting up a tenancy. These include administration fees, holding fees, credit check fees and check-in fees. Letting agent fees can vary from £70 to £1000+.   Some letting agents do charge non-refundable fees in certain instances. So, if the le...

• Assured Shorthold Tenants

  by tenancy solved May 31, 2018
  The heating system is operating correctly. Check that all the windows open and shut properly and can be secured. Check for any signs of damp or wet walls. Remember damp also smells. Signs of leakage e.g. staining to walls, floors and ceilings.  Any extractor fans operate correctly. All...

• Regulation of Estate and Letting Agents

  by tenancy solved May 31, 2018
  When approaching estate agents and/or letting agents a tenant should make sure that he/she enquires that the letting agent he/she is visiting is a member of the professional bodies that regulate estate and letting agents. Members of the organisation that regulate estate agent and letting agents mu...

• Tenants Repairs Responsibility

  by tenancy solved May 31, 2018
  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 ...

• Notice of Disrepair

  by tenancy solved May 31, 2018
  Once disrepair is identified by the tenant then the landlord must be given notice as soon as possible and is only liable for the remedy once the notice is given. Disrepair can be reported to either the letting agent or landlord either during the course of inspections or telephone, email or letter....

• Reasonable Period of Time

  by tenancy solved May 31, 2018
  A reasonable period of time for a repair depends on the type or urgency of the required repair. For example a loss of electricity/water supply or severe leak would be expected to be repaired within 24 hours.  Repairs to guttering and general household leaks would be expected to be completed ...

• Duty to carry out repairs

  by tenancy solved May 31, 2018
  The landlord is only required to carry out repairs once he has been notified of any disrepair by the tenant. These repairs should be completed within a reasonable period of time. If the repairs are not carried out then the tenant is entitled to take legal action to force completion and also claim ...

• Disrepair

  by tenancy solved May 31, 2018
  Responsibility for Disrepair   Any disrepair in the tenant’s property is the responsibility of the landlord to put right. There is a difference between Disrepair and Improvement and the following details the important differences. Disrepair Legally disrepair is defined as damage to...

• Housing Cases

  by tenancy solved May 31, 2018
    The following types of housing dispute qualify for legal aid:   Possession Proceedings Harassment and Illegal Eviction Homelessness Disrepair of the property that poses a serious risk of harm to the tenant and any family.   A legal aid solicitor can be found at the following...

• Legal Aid

  by tenancy solved May 31, 2018
  Financial Eligibility In order to qualify for legal aid a tenant should be in receipt of the required benefits and not have capital in excess of £8,000.00.   The qualifying benefits are: Income Support Income Related Employment and Support (ESA) Income based Jobseekers Allowance (...

• Appeal Procedure

  by tenancy solved May 31, 2018
  Any appeal against a Housing Benefit decision will be assessed by an independent tribunal, called the First-Tier Tribunal at the HM Courts and Tribunal s Service. Upon receipt of the appeal the tenant will receive a form requesting further information on how they want the case to proceed, if the...

• Challenging a Housing Benefit Decision

  by tenancy solved May 31, 2018
  If a tenant is unhappy with the outcome of a Housing Benefit decision they can request that it is looked at again (classed as a review) or an appeal of the decision can be requested. A request for either must be made within one month of the date of the decision. If the tenant is not happy with the...

• Discretionary Housing Benefit

  by tenancy solved May 31, 2018
  This is available to tenants already in receipt of Housing Benefit but who are in need of additional financial help with housing costs. A written request should be made in person at the Local Authority offices. There is no right of appeal against a refusal of an award of Discretionary Housing Ben...

• Exemptions

  by tenancy solved May 31, 2018
     The Bedroom tax rules do not apply in the following circumstances: The tenant lives in supported accommodation where the local authority provides or commissions care.  The tenant is a shared owner of the property. The tenant lives in temporary homeless accommodation. The sole ...

• Bedroom Tax

  by tenancy solved May 31, 2018
  If a tenant living in council accommodation or other form of social housing and are assessed as having at least 1 extra bedroom in their property they could face having their Housing Benefit reduced by 14% of the eligible rent if they have 1 extra bedroom or 25% if they have 2 or more extra bedroo...

• Local Housing Allowance.

  by tenancy solved May 31, 2018
  For tenants renting from private landlords housing benefit is calculated from the Local Housing Allowance rates. The rates depend on the area (Broad Rental Market Areas (BRMA)) the tenant is making their claim in.    A tenant’s entitlement to Housing Benefit based on the Lo...

• Ineligibility for Housing Benefit.

  by tenancy solved May 31, 2018
  The following scenarios will preclude a tenant from claiming Housing Benefit: If the tenant is living with a close relative including step relatives and their partners and paying rent. In this case the only way Housing Benefit maybe claimed is that if the Local Authority (after an investigation) ...

• Change of Circumstances

  by tenancy solved May 31, 2018
  Any changes in a tenant’s circumstances must be reported to the local authority to the local authority as soon as they occur as any change could affect the amount of housing benefit payable. It is important that the tenant gets proof of reporting and it is always preferable to attend in pers...