Questions tagged [assured-shorthold-tenancy]

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Are statutory notices seeking possession required to enforce intra-term “break clauses”?

Some assured shorthold tenancies commonly feature “break clauses” that are sometimes asymmetrically available only to the tenant to provide extra flexibility to them, while others are made ...
TylerDurden's user avatar
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What is the difference between a 21(1) and a 21(4) notice?

Why are these two distinct subsections and often distinguished in terms of references to the notices themselves? Is each subsection required to be used in different respective contexts? (References ...
TylerDurden's user avatar
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Can one be bound by a rental contract even if one finds a replacement to take it over? [closed]

Bob rents a property from Alfred, signs a contract of one year. Perhaps the contract allows Bob to be released early if he is able to find a replacement for himself. Or perhaps the contract explicitly ...
TylerDurden's user avatar
1 vote
2 answers
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In what sense is an Assured Tenancy “assured”?

Why was this term chosen for the standard type of tenancy brought in under the housing act 1988? Who is the one that is meant to have the assurance, and what is the assurance thought to be of?
TylerDurden's user avatar
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What happens to an AST tenant when their landlord defaults on his mortgage?

Larry buys a property on a mortgage and then lets it to Tim on a AST. Larry then defaults on his mortgage and the bank proceeds to repossess the property that is housing Tim. What is the process and ...
TylerDurden's user avatar
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what is compensation under the Homes (Fitness for Human Habitation) Act 2018 considered?

Is it a case of refunding rent that has been paid or a portion thereof, or is it rather damages and a case of the amount of liability for damages simply being calculated as a function of the amount of ...
TylerDurden's user avatar
2 votes
1 answer
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Can a periodic tenant unilaterally lower his rent, with binding effect if the landlord does not properly appeal the notice within 3 months?

Section 6, HA1988 provides: (2)Not later than the first anniversary of the day on which the former tenancy came to an end, the landlord may serve on the tenant, or the tenant may serve on the ...
TylerDurden's user avatar
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1 answer
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Does S5(5A), Housing Act 1988 have any effect on typical PRS tenancies?

S5(5A), Housing Act 1988 refers to rights "of pre-emption": (5A)Nothing in subsection (5) affects any right of pre-emption— (a)which is exercisable by the landlord under a tenancy in ...
TylerDurden's user avatar
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Is a response to a N5B section 21 accelerated claim required to be given on the dedicated form N11B?

Alice has received an accelerated section 21 claim from the court on form N5B, which legally is invalid. There exists a long and quite involved form intended for use in answering N5B accelerated ...
JosephCorrectEnglishPronouns's user avatar
5 votes
1 answer
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What happens if I move my partner into my AST without consent from the landlord

The title question no doubt has an obvious answer (you could be evicted) but please keep reading, it's a complex situation and I have a few questions that I couldn't sum up easily into one title. I'm ...
MichaelJK's user avatar
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If a precedent retroactively setting out interpretation of an older statute long already in effect is overturned are its consequent judgments voidable

For example the case of Northwood Solihull established that S213 prescribed information certificates from corporate landlords must be executed in line with the companies act. Following this judgment ...
JosephCorrectEnglishPronouns's user avatar
1 vote
1 answer
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What happens if someone checks into a hotel for a night and refuses to leave?

Bob checks into a hotel for a night (term; let's say 24 hours) for £40 (rent) and his room isn't shared with anyone else (exclusive possession). The owner of the hotel doesn't live in the same ...
JosephCorrectEnglishPronouns's user avatar
1 vote
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What is the legal basis/origin for the covenant of exclusive possession?

I've recently seen someone directly cite a landlord and tenant act 1985 where the definition of the covenants for repairs and access may be found. One can find many articles online explaining the ...
JosephCorrectEnglishPronouns's user avatar
1 vote
1 answer
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UK - Can I (the tenant) end the tenancy early if Tenancy agreement says minimum term of 6 months?

I heard on a podcast called "The Property Podcast" that the law is changing regarding ASTs (Assured Shorthold Tenancies) which means that even if your contract says you have to pay for at ...
christiaantober's user avatar
2 votes
1 answer
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Whence arises the idea that how to rent in England ought to be served *at the start of the tenancy*?

Gov.uk's preface to the web version of the guide states that the LL or LA should give the current copy of this guide to the tenant "when a new AST starts." Yet the enabling provisions seem ...
JosephCorrectEnglishPronouns's user avatar
1 vote
0 answers
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Can the landlord of an AST restrict the tenant from having house guests or even house sitters?

I suppose that the distinction between a guest and a house sitter might be that one remains while the tenant is gone while the other would stay to visit the tenant themselves. But as an AST ...
JosephCorrectEnglishPronouns's user avatar
1 vote
1 answer
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By what provisions is a s21 notice invalid without service of prerequisite other materials and when we're they introduced?

By what provisions is a s21 notice invalid without service of prerequisite other materials and when we're they introduced? Section 21 housing act 1988 provides for landlords in England to seek no ...
JosephCorrectEnglishPronouns's user avatar
1 vote
0 answers
71 views

Common law occupation/"co-tenancy" rights trumping lease restrictions on cohabiting or reassigning?

If I'm not mistaken, under s30, Family Law Act 1996 a tenant's spouse or partner implicitly has the same rights to occupy a dwelling let by the tenant themselves and various illegal eviction rulings ...
JosephCorrectEnglishPronouns's user avatar
1 vote
3 answers
137 views

Where is the line between an Assured Shorthold Tenancy and a more casual non-AST?

Assured Shorthold Tenants have relatively strong protections from eviction. But when does one gain this status when in more casual arrangements particularly in which the (sub?) Landlord requires ...
JosephCorrectEnglishPronouns's user avatar