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.
A defined period of agreement between the tenant and landlord to which they are bound. During this period possession proceeding s can only begin if the terms of the tenancy agreement have been breached. Rent Act Tenants cannot be subject to proceedings during the fixed term of the tenancy.
A periodic tenancy begins once a fixed term tenancy expires and unless another agreement is signed the tenancy will follow identical terms.
Monthly fixed term payments will lead to a monthly periodic tenancy
Three monthly payments will lead to a quarterly tenancy
Annual payments will lead to a six-months periodic tenancy;
Rent Act Tenancy – Rent Act 1977
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 landlord through the Rent Officer are to be registered one year and nine months after the effective date of the last registration. The new rent becomes effective after two years.
The protected period of the tenancy does not allow any rent increases.
A notice of increase is required to be served on the tenant if the landlord seeks to raise the rent. The notice should detail the amount and effective date of the new rent. A tenant is only liable for the increase once the notice of increase has been served. A tenant on housing benefit should take this notice to their housing benefit office.
There are two types of tenancy: A Protected Tenancy and a Statutory Tenancy.
A fixed term tenancy based on a contract. The tenancy is ended with the terms of the agreement.
