Housing Law

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Tuesday 1st December 2020


Latest Comments

Total Number of Property118 Comments: 8

Housing Law

10:15 AM, 10th November 2021, About 3 weeks ago

Filling out Form N5B Accelerated Possession Order for evicting tenant?

Hi Chris

The date you insert is the date you both signed the agreement on 11 November 2020. A tenancy agreement can post-date the start of the tenancy - it is not uncommon.

I wish you luck...... Read More

Housing Law

15:32 PM, 9th November 2021, About 3 weeks ago

Filling out Form N5B Accelerated Possession Order for evicting tenant?

Hi Chris

Q.6 The answer is the date the tenancy actually began not the date you entered into the agreement for the tenancy so you are correct - the date should be 10 November 2020

Q.7 This is the date the tenancy agreement was completed - the tenancy agreement is completed on the date the last party signed it. Usually the agreement is dated and signed by both parties at the same time but sometimes one of the parties may sign on a later date. If both parties signed on 28 October 2020, that is the correct date.

A tenancy agreement is an agreement by the landlord to convey an interest in land to a tenant from a specific date. It does not have to be dated on the same day the interest actually passes to the tenant. For any tenancy up to and including a period of 3 years (but not more), the tenancy agreement does not even have to be in writing but can simply be "by parol" i.e. made verbally (Law of Property Act 1925 s. 54(2)). The principal reasons people enter into written agreements is for clarity as to what has been agreed and, in the case of AST's, so that you can use the accelerated procedure.... Read More

Housing Law

12:55 PM, 15th February 2021, About 10 months ago

Jenrick extends evictions ban 6 weeks to 31st March

If you have less than 6 months' arrears, you must give 6 months' notice on a s.8 notice (grounds 8, 10 and/or 11) before you can even issue a claim. If there are more than 6 months' arrears it is 4 weeks' notice. Once you eventually get a possession order and it expires, you can't apply for a warrant unless there are 6 months' rent arrears at that stage and the claim was brought on grounds 8, 10 and/or 11...... Read More

Housing Law

10:33 AM, 15th February 2021, About 10 months ago

Jenrick extends evictions ban 6 weeks to 31st March

The reality is that the Government is simply shifting the cost of housing from the public to the private sector. There is simply not enough social housing to deal with all the tenants with rent arrears when they are evicted but it will eventually have to deal with it. Check out the case of Trinity v Prescott in the High Court last week - £70,000 worth of arrears and a judgment for more than 6 months' arrears. The Court refused permission to issue a warrant because the claim was brought on s.21 rather than s.8 - grounds 8, 10 and 11. The landlord now has to wait until 1 April 2021 to enforce and it's not an April fools' joke...... Read More

Housing Law

14:03 PM, 20th January 2021, About 10 months ago

Death of a separated joint tenant during pandemic?

Hi Ian

If no assignment has been made of the tenancy from joint names into the sole name of the gentleman, under the doctrine of "survivorship", upon the death of the lady, the gentleman becomes the sole tenant - it is only where a sole (or sole surviving) tenant dies that the tenancy passes to the Estate. However, he is not living in the property as his only or principal home so the tenancy loses its "assured status" because as per the requirement in s.1 of the Housing Act 1988 he is not "living in the property as his only or principal home". The tenancy therefore becomes a pure contractual tenancy terminable under common law principles by service of a Notice to Quit (NTQ). Assuming it is a periodic tenancy, you can serve a NTQ, giving 4 weeks' notice expiring on a last day of a period of the tenancy and then issue a possession claim. However, if the gentleman moved back into the property the tenancy could regain its assured status and the NTQ would be of no effect, so you need to serve a s.21 notice giving 6 months' notice marked "without prejudice to the NTQ" as well. You should seek to contact him to establish his intentions as per the very sensible advice given above. Because the tenancy was a joint tenancy he was jointly and severally liable for all of the rent prior to the death of the other tenant and is now liable for any arrears and any future payments of rent up to termination/possession. If he does not want to live in the property, it will be in his interest to arrange to terminate as soon as possible. The terms of the tenancy may make provision for a period of notice required to be given by a tenant but as landlord it is open to you to accept an earlier period if you so choose. I wish you luck.... Read More