Housing Law for Landlords

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• Housing Law for Landlords
• 1st October 2005
• Powell Forster Solicitors

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Introduction

• Objectives
• overview of housing law affecting landlords
• forum for discussion
• Update of recent developments

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Course Structure

• resident landlords lettings 20 mins
• discussion 10 mins
• ASTs, )
• UTCCR ) 40 mins
• Disability Discrimination Act )
• discussion 20 mins
  
• summary Close

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Resident landlords definition

• Let out part of your home
• Continuously resident throughout
• Share with lodger
• Includes converted property
• Not purpose-built block of flats

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Starting the letting

• Fixed term or periodic
• Rent and what it covers
• Written agreement

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A residential letting agreement

• Setting out the essential terms
• Avoidance of problems
• Hallmarks ofnon-exclusiveagreement

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Bringing the letting to an end

• Protection from Eviction Act 1977
• First question Does it apply?
• Excluded lettings
• shares any accommodation
• other than storage space, passages, corridors or
  other means of access

1040
8
Tenancy or licence?

• Important
• licensee has limited right to repairs
• different rules about ending the letting.

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Exclusive possession

• Look at factual position
• terms of agreement not decisive
• keys
• unrestricted access to room for provision of
  services

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3 hallmarks of a tenancy

• Street -v- Mountford 1985 (HL)
• exclusive possession
• an obligation to pay rent
• and
• a term

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Excluded licences

• Contractual notice or
• Reasonable notice - whichever is longer
• Then no need for court order
• Peaceable eviction

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Excluded tenancies

• Contractual notice or
• Period of tenancy - whichever is longer
• End on a completed period of tenancy
• Then no need for court order
• Peaceable eviction

1050
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Protection from Eviction Act

• Landlord in same building but not sharing
  accommodation
• Notice to quit in writing
• Minimum 4 weeks
• Ending on a completed period of tenancy
• Need court order and use bailiff to evict

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A word of warning

• Offences
• unlawful eviction (PEA)
• harassment (PEA)
• violent entry (CLA 1977)
• common assault

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Further information

• DETR booklets
• ULAO agreement
• Solicitor, especially upon termination

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Feedback

• 1050-1100

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Assured Shorthold Tenancies

• ASTs
• Created by Housing Act 1988
• A type of Assured Tenancy.

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Assured Tenancies

• Definition
• separate dwelling
• the tenant is an individual and
• the tenant occupies the dwelling as his only or
  principal home and
• the tenancy is not specifically excluded

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Assured Shorthold Tenancies

• ASTs are automatic
• Need not be in writing.

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Assured Shorthold Tenancies

• Come in 2 types
• periodic, e.g. month by month
• fixed term, e.g. 6 or 12 months

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Assured Shorthold Tenancies

• Fixed Terms
• L cannot use Shorthold ground during term
• Other grounds available include
• Rent arrears/ breach of contractual term
• Nuisance

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Deposits

• ss 212-215 Housing Act 2004
• Not in force until October 2006
• Landlord must pay deposit into a designated
  scheme
• Sanctions if he does not.

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The written tenancy agreement

• Liability for repairs
• Assignment and subletting
• Deposit interest.

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The written tenancy agreement

• Stamp duty
• On most furnished tenancies is 5
• On most unfurnished lettings is 1 of the rent

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The written tenancy agreement

• Unfair Terms in Consumer Contracts Regulations
  (1999)
• Regulated by OFT
• Applies to standard agreements
• Unfair clauses can be struck out
• Core terms are immune as long as they are clear

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The written tenancy agreement

• Unfair Terms in Consumer Contracts Regulations
  (1999)
• Examples

1110
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Legal methods of ending an AST

• Legal methods to gain possession
• notices
• court proceedings.

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Notices to end an AST

• Section 21 Housing Act 1988
• If served during the fixed term of the tenancy
  the notice must
• be in writing
• be for a minimum 2 months (Shorthold ground)
• be no shorter than 1 rent period of the tenancy

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I forgot to serve a section 21 notice
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I forgot to serve a section 21 notice

• If served after the fixed term of the tenancy
  expires
• The notice must
• be in writing
• for a minimum 2 months (Shorthold ground)
• not shorter than 1 rent period of the tenancy
• expire on the last day of a period of the tenancy.

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Section 21 notices

• S.75 Housing Act 2004
• No s21 notice can be served in respect of an
  unlicensed HMO
• At present only the higher risk HMOs are
  affected

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Notices to end an AST

• Section 8 Housing Act 1988
• E.g. rent arrears, nuisance
• Usually 2 weeks notice
• Expires after 12 months of service
• Court can dispense with service.

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Accelerated Possession

• Pre-conditions
• agreement in writing
• written notice
• no claim for rent arrears

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Accelerated Possession

• Procedure
• Completed court form, attaching
• copy tenancy agreement
• copy notice
• court fee
• file at local county court

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Accelerated possession

• Usually no hearing
• Court order
• Enforcement - bailiff.

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Rent

• s73 Housing Act 2004
• Only applies to higher risk HMOs
• Recovery of rent by tenants
• Recovery of housing benefit by local authorities

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Disability Discrimination

• Disability Discrimination Act 1995
• In force
• Prohibits discrimination against disabled people
• Excludes small dwellings

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Disability Discrimination Act 2005

• Not yet in force
• Will widen the definition of disability
• Will put a positive duty on landlords to make
  adaptations but not alterations to property

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Open Forum

• Questions
• Discussion

1140-1157
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Summary and Close

• Objectives
• overview of housing law affecting landlords
• forum for discussion
• Further information

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The End

• Deirdre Forster
• Powell Forster Solicitors.