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LANDLORD AND TENANT (RESIDENTIAL TENANCIES) vol 23(1) commentary, model AST

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Commentary

1 Introduction to distinction between leases and licences

2 Current approach to leases and licences

3 Hallmarks of a lease

4 Certainty of term and leases

5 Exclusive possession and leases

6 Exclusive possession and leases: exceptions

7 Exclusive possession and shared occupation

8 Exclusive possession and family and domestic arrangements

9 Exclusive possession and occupation by employees

10 Nature of a tenancy at will

11 Creation of tenancy at will

12 Termination of tenancy at will

13 The legal difficulties with possession before completion

14 Possession during negotiations

15.1 The status of a prospective tenant who takes possession before completion

15.2 The position at common law

15.3 The position in equity

16 Possession between contract and completion: safeguarding the landlord’s position

17 Power to grant and take leases generally

18 Power to grant and take leases: individuals generally

19 Power to grant and take leases: minors

20 Power to grant and take leases: mentally incapable persons

21 Bankruptcy and transactions at an undervalue

22 Bankruptcy and preferences

23 Powers of attorney generally

24 Form and contents of power of attorney

25 Attorneys: Land Registry and other requirements

26 Identity of attorney

27 Power to grant and take leases: charitable trustees

28 Exclusion or restriction of powers of charitable trustees to grant and take leases

29 Consultation not required by charitable trustees

30 Lack of statutory protection for lessees from charitable trustees

31 Restrictions on disposal of land by charitable trustees

32 Required statements in relation to disposition of charity land

33 Certificate of sanction or power to dispose of charity land

34 Effect of lack of certificate of sanction or power to dispose of charity land

35 Statement where Section 122(2) does not apply to disposition of charity land

36 Required statements in relation to acquisition of charity land

37 Registered charity land and restrictions

38 Club property

39 Changes in club trustees

40 Joint ownership of land—the position at law

41 Joint ownership of land—the position in equity

42.1 Unregistered land

42.2 Registered land

43 Name of a company

44 Capacity of company

45 Transactions involving directors of companies or their associates

46 Charitable companies

47.1 Introduction

47.2 Transactions by companies at an undervalue

47.3 Preferences by companies

47.4 Powers of the court: transaction at undervalue or preference by company

48 Companies and registered land

49 Co-operative and community benefit societies generally

50 Capacity of co-operative and community benefit societies

51 Protection of purchasers etc from co-operative and community benefit societies

52 Co-operative and community benefit societies: Land Registry requirements

53 Powers of dealing with Crown estates

54 General nature of friendly societies

55 Capacity of friendly societies

56.1 Incorporated friendly societies

56.2 Unincorporated friendly societies

57.1 Incorporated friendly societies

57.2 Unincorporated friendly societies

58 Powers of an administrator

59.1 Dealing with an administrator generally

59.2 Evidence of appointment of an administrator

59.3 Disposal by an administrator free from floating charge

59.4 Disposal by an administrator free from other charges

60 Receivers generally

61 Powers of administrative receiver

62 Powers of fixed charge receiver

63.1 Dealing with receivers generally

63.2 Validity of appointment of a receiver

63.3 Power of disposition of a receiver

63.4 Discharge of charges

64 Powers of a liquidator

65 Dealing with a liquidator

66 Powers of a trustee in bankruptcy

67.1 Vesting of property

67.2 Circumstances where trustee in bankruptcy’s title void

67.3 After-acquired property on bankruptcy

67.4 Re-vesting of bankrupt debtor’s home

67.5 Third party rights of occupation and bankruptcy

67.6 Charge on bankrupt’s home

68 Powers of a supervisor

69 Dealing with a supervisor

70 General nature of limited liability partnerships

71 Capacity of members of limited liability partnerships

72 Transactions of limited liability partnerships that may be varied or set aside

73.1 Acquisition by local and public authorities

73.2 Disposal by local and public authorities

73.3 Protection of third parties in dealing with local and public authorities

74 Disposal of land by local and public authorities for purposes of providing housing

75 Disposal of land held for housing purposes by local and public authorities

76.1 Mortgagees’ power to sell

76.2 Protection of purchasers from selling mortgagees

77.1 Statutory power of mortgagees to lease

77.2 Terms of leases under mortgagees’ statutory power

77.3 Exclusion and modification of mortgagees’ statutory powers of leasing

78.1 Mortgagees’ statutory power to accept surrenders

78.2 Extension of mortgagees’ statutory powers to accept surrenders

79 Pre-mortgage leases granted by mortgagor

80 Mortgagor’s statutory power of leasing

81 Variation of mortgagor’s statutory powers of leasing

82 Mortgagor’s general right of leasing

83 Initial considerations in connection with overseas entities

84 Capacity of overseas entities

85 Foreign lawyers’ opinion

86 Land Registry requirements in relation to overseas entities

87 Partner’s authority

88 Partners as trustees of land

89 Capacity of personal representatives

90 General powers of personal representatives

91 Specific powers of personal representatives relating to land

92 Protection of lessees from personal representatives

93 Private registered providers of social housing generally

94 Capacity of private registered providers of social housing

95 Settled land generally

96 Powers to grant leases of settled land

97 Powers of tenant for life and others to take leases

98 Trade union property

99 Trusts of land regime

100 Powers of trustees of land

101 Exercise of powers of trustees of land

102 Restriction of powers of trustees of land

103 Powers of leasing of universities and colleges

104 Enforceability of leasehold covenants: the old and new regimes

105 Summary of liability: pre-1996 leases

106 Summary of liability: post-1995 leases

107 Leases and rights of third parties

108 Transmission of covenants in ‘new tenancies’

109 Transmission of covenants in ‘new tenancies’: tenants

110 Transmission of covenants in ‘new tenancies’: landlords

111 Apportionment of lease liabilities

112 Conferment of lease benefits on third parties

113 Rescission and variation of third-party rights

114 Defences to liability to third parties

115 The basic rule as to the release of the tenant on lease assignment

116 Direct covenants for remainder of lease term

117 Direct covenants for remainder of term: new subleases granted out of an old lease

118 Exceptions to tenant release: the authorised guarantee agreement

119 Exceptions to tenant release: excluded assignments

120 Possible extension of liability

121 Release of a landlord on assignment of reversion

122 Procedure for release of a landlord on assignment of reversion

123 The measures restricting liability of former tenants and guarantors of former tenants

124 Section 17 notices in respect of ‘fixed charges’ payable under leases

125 Serving Section 17 notices

126 Section 17 notices and overriding leases

127 The case law on lease variations

128 The statutory provisions as to ‘relevant variations’ of leases

129 Effect of the statutory provisions relating to lease variations

130 The interaction of statute and case law relating to lease variations

131 The right of former tenants or their guarantors to an overriding lease

132 Terms of an overriding lease

133 Claiming an overriding lease

134 Overriding leases in a chain of titles

135 Requiring guarantees in relation to leases

136 The extent of the obligation of a surety to a lease

137 The duration of the surety’s obligation in relation to a lease

138 Restrictions on the liability of a surety to a lease

139 Circumstances in which surety to a lease is to be released

140 Discharge of surety to lease by variation of terms

141 Discharge of surety to lease by the giving of time

142 Discharge following death or insolvency of a surety to a lease

143 Discharge by disclaimer of lease

144 Discharge by release of co-sureties to leases

145 The right of a former tenant’s surety to an overriding lease

146 Surety of the tenant of an ‘old lease’

147.1 Surety’s concerns

147.2 Limitation in time

147.3 Copies of notices

147.4 Late payment of rent

147.5 Enforcement of covenants

147.6 Participation in rent review

147.7 Assignment to the surety

147.8 Consent to assignment

147.9 Indemnity

148 Energy performance certificates on marketing property for renting

149 Energy performance certificates on renting

150 Exemption from duties relating to energy performance certificates

151 Energy efficiency and restrictions on ability to let residential premises

152 Introduction to Green Deal Plans

153 Disclosure of green deals on letting out

154 Acknowledgement of green deals on letting out

155 Discrimination, harassment or victimisation on letting

156 Duty to make adjustments where prospective tenant disabled

157 Immigration status and residential lettings generally

158 Application of the Immigration Act 2014

159 Civil liability of residential landlords under the Immigration Act 2014

160 Excuses available to residential landlords in relation to civil liability under the Immigration Act 2014

161 Civil liability of agents under the Immigration Act 2014

162 Excuses available to agents in relation to under the Immigration Act 2014

163 Criminal liability of residential landlords under the Immigration Act 2014

164 Criminal liability of agents under the Immigration Act 2014

165 Safety record of gas appliances and installations

166 Checking of smoke and carbon monoxide alarms

167 Safety of electrical installations

168 Regime of regulation and licensing of residential premises in Wales

169 Exemptions to regulation and licensing of residential premises in Wales

170 Potential liability for pre-contractual lease negotiations

171 Misleading or aggressive practices and pre-contractual lease negotiations

172 No agreement for lease

173 Execution without exchange of lease and counterpart

174 Need for agreement for lease

175 The statutory formalities for an agreement for lease

176 Essential terms of agreement for lease

177 Agreements for lease incorporating standard conditions of sale

178 Drafting conditional agreements for lease

179 Condition precedent to formation of agreement for lease

180 Condition precedent to performance of agreement for lease

181 Condition as a term of an unconditional agreement for lease

182 Waiver of condition to agreement for lease

183 Agreement for lease as an equitable lease

184 Merger of agreement for lease

185 Registration of agreement for lease

186 Restrictions on right to call for landlord’s title

187 Damages for breach of agreement for lease

188 Specific performance of agreement for lease

189 Rescission of agreement for lease

190 Requirements as to writing and execution of lease as a deed

191 Informal leases

192 Assignments of leases

193 Side letters and supplemental deeds supporting lease arrangements

194 Introduction to registration of leasehold land

195 Compulsory first registration of leasehold land

196 Dispositions of a registered estate in leasehold land

197 The rights of residential tenants as overriding interests

198 Protection of other interests affecting legal estates

199 Exempt information documents and leasehold land

200 Usual contents of a lease

201 The date of a lease

202 The description of the parties in a lease: drafting points

203 Other considerations in relation to the identity and capacity of parties in leases

204 Types and purpose of recitals

205 Consideration for leases

206 Operative words in leases

207 Parcels in leases

208 The use of plans in leases

209 The legal role of a plan in leases

210 Air space, subsoil, cellars and footings

211 Leases of part of a building

212 Landlord’s and tenant’s fixtures

213 Drafting safeguards in relation to leases and fixtures

214 Rights granted in leases over adjoining premises

215 Exceptions and reservations over let land

216 General words and implied grants and reservations in leases

217 Registered land and treatment of lease easements

218 Drafting considerations relating to easements in leases

219 Leases and rights of way

220 Leases and other rights

221 Protection for the tenant in relation to landlord’s rights

222 Protection for the landlord in relation to lease rights

223 The rule against perpetuities and future lease rights

224 The habendum

225 The commencement of the lease term and the date of execution

226 Effect on dates for payment of rent, repairing covenants, break clauses etc

227 The reddendum

228 Covenants in leases

229 Provisos and options in leases

230 Exclusion clauses relating to liability for accident, injury etc

231 Introduction to nature and content of lease obligations

232 Unfair lease terms

233 Human rights and lease terms

234 Tenant Fees Act 2019 (England)

235 General points for the landlord regarding lease terms

236 General points for the tenant regarding lease terms

237 Traditional and alternative styles of drafting a lease

238 Tenant’s covenants to pay rent

239 Rent reviews

240 Rent deductions and set off

241 Excluding rent deduction and set off

242 Rent deposits: general

243.1 Background

243.2 General requirements

243.3 Prescribed information

243.4 Sanctions for non-compliance

243.5 Tenancy deposit schemes: scheme requirements

243.6 Authorised tenancy deposit protection schemes

243.7 Repayment of the deposit

244 Service charge payments and insurance premiums

245 Reimbursement of the landlord for upkeep of shared items

246 Responsibility under leases for taxes and other outgoings

247 Interest payable by tenants

248 Landlord’s legal fees

249 Administration charges in leases

250 Freedom of the tenant to assign etc

251.1 Payment for the landlord’s consent

251.2 Qualified covenants: consent not to be unreasonably withheld

251.3 Qualified covenants: consent within a reasonable time

251.4 Discrimination, harassment or victimisation on disposal

252 Test of reasonableness in grant of consent to lease disposal

253 Examples of what is reasonable and unreasonable in grant of consent to lease disposal

254 Landlord’s control over dispositions where the ‘old’ test of reasonableness continues to apply

255 Changes introduced for post-1995 tenancies

256 Agreement as to pre-specified circumstances and conditions to assignment

257 Effect of agreements as to pre-specified circumstances and conditions to assignment on question of what is reasonable

258.1 Landlord’s concerns

258.2 Tenant’s concerns

259 Restrictions and protection in relation to use and enjoyment of let premises

260 Landlord’s covenant for quiet enjoyment

261 Obligation of non-derogation from grant

262 Existing restrictions as to use of let premises

263 Anti-social or illegal activities committed on let premises

264 Residential use of let premises

265 Changes of use of let premises

266 General considerations relating to physical state of let premises

267 Covenant to comply with statute

268 Covenant to repair

269 Covenant to reinstate

270 Introduction to covenants against alterations

271 Range of the covenant against alterations

272 Absolute covenants prohibiting alterations

273 Qualified and fully qualified covenants against alterations

274 Reasonableness of refusal of consent to alterations

275 Statutory modification of alterations covenants relating to premises let to disabled persons

276 Licences to carry out works

277 Acknowledgement of green deal in tenancy agreement

278 Energy efficiency improvements

279 Introduction to repair of let premises

280 The allocation of legal and financial responsibility for repair

281 Landlord’s implied repairing obligations at common law

282 Tenant’s implied repairing obligations at common law

283.1 Obligation implied in short lettings in England

283.2 Obligation implied in lettings at a low rent in Wales

284 Statutory obligations as to repair implied in short lettings

285.1 New or converted dwellings

285.2 Defective premises

285.3 Powers of housing authorities

285.4 Gas appliances and installations in short residential lettings

285.5 Smoke and carbon monoxide alarms in short residential lettings in England

285.6 Electrical installations in short residential lettings in England

285.7 Furnished lettings and fire retardant standards

285.8 Smoke-free premises

286.1 Approach to drafting

286.2 Tenant’s concerns regarding repairing covenants relating to a new residential property

286.3 Tenant’s concerns regarding repairing covenants in respect of an old residential building

287 The time at which the obligation to repair is to arise

288.1 Defining what is to be repaired

288.2 The demised premises

288.3 Listing parts

288.4 Generic descriptions

289 Common parts and adjoining property to demised premises

290.1 Meaning of ‘repair’

290.2 Obligation to carry out works beyond repair

290.3 Inherent defects

290.4 Decoration

291 Standard of repair under lease covenants

292 Landlord’s remedies for breach of tenant’s obligation to repair

293.1 Leasehold Property (Repairs) Act 1938

293.2 Landlord and Tenant Act 1927

294 Tenant’s remedies for breach of landlord’s obligation to repair

295 Landlord’s implied rights of entry to repair

296 Landlord’s express rights of entry to repair

297 Recovering repair costs incurred by landlord

298 Landlord’s rights of entry to alter or improve

299 Access for the tenant to adjoining land to carry out repairs

300 Factors to be considered relating to destruction of let premises

301 Suspension of rent

302 Reinstatement of let premises

303 Right to terminate lease in absence of reinstatement

304 Insurance provisions in residential leases

305 Insurance and variation of leases under the Landlord and Tenant Act 1987

306 Responsibility for maintaining insurance under residential leases

307 Identity of policyholders in relation to insurance under residential leases

308 Reimbursement of premium by tenant in relation to insurance under residential leases

309 Reservation of reimbursement of insurance premiums as rent

310 Insurance cover for let residential premises

311 Insurance cover for professional fees in relation to let residential premises

312 Insurance cover for loss of rent in relation to let residential premises

313 Insurance policies for let residential premises and excess liability

314 Specification of insured risks in relation to let residential premises

315 Insurance information in relation to let residential premises

316 Express provisions as to reinstatement following damage to let residential premises by an insured risk

317 Landlord’s covenant to reinstate in relation to let residential premises

318 Exceptions to landlord’s covenant to reinstate in relation to let residential premises

319 Ownership of insurance money in relation to let residential premises where reinstatement impossible

320 Express provision for suspension of rent in relation to let residential premises

321 Nature of payments to be suspended in relation to let residential premises

322 Circumstances in which suspension will operate in relation to let residential premises

323 Period of suspension in relation to let residential premises

324 Considerations where the tenant insures residential premises

325 Tenant’s insurance of let residential premises otherwise than with landlord’s insurer

326 Tenant’s covenant to reinstate in relation to let residential premises

327 Definition of a service charge

328 Function of residential service charges

329 Management arrangements for provision of services to residential premises

330 Recognised tenants’ associations and residential service charges

331 Tenants’ concerns regarding residential service charges

332 Landlords’ concerns regarding residential service charges

333 The tenant’s obligation to pay residential service charges

334 Suspension of residential service charge payment

335 Conditions precedent to payment of residential service charges

336 Introduction to landlord’s obligations in respect of residential service charges

337 The landlord’s covenant as to residential services

338 Payment as a condition precedent of performance of residential services

339 The standard of services under leases of residential premises

340 Statutory control of services under leases of residential premises

341 Drafting considerations in relation to service charge provisions of residential leases

342 Treatment of repairs, improvements and inherent defects in service charge provisions of residential leases

343 Treatment of redecoration in service charge provisions of residential leases

344 Treatment of provision of hot water and heating in service charge provisions of residential leases

345 Treatment of plant and machinery in service charge provisions of residential leases

346 Treatment of employment of staff in service charge provisions of residential leases

347 Treatment of management costs in service charge provisions of residential leases

348 Treatment of legal costs and professional fees in service charge provisions of residential leases

349 Interest payments and service charge provisions of residential leases

350 Sweeping-up clauses in service charge provisions of residential leases

351 Stamp duty land tax and service charges under residential leases

352 Method of apportionment of service charges under leases of residential premises

353 Payment of service charges under leases of residential premises

354 Preconditions for payment of service charges under leases of residential premises

355 Statutory formalities in relation to service charge demands under leases of residential premises

356 Statutory control of service charges under leases of residential premises—reasonableness

357.1 Effect on recovering service charge

357.2 Requirements

358 Statutory control of service charges under leases of residential premises—time limit on demands

359 Statutory control of service charges under leases of residential premises—payments held on trust

360 Service charges under leases of residential premises and certification of expenditure

361 Conclusivity of service charge certificate under leases of residential premises

362 Objections to service charges under leases of residential premises

363 Information regarding service charges under leases of residential premises

364 Statutory provisions governing service charge disputes under leases of residential premises

365 Contractual provisions governing service charge disputes under leases of residential premises

366 Non-payment of service charges under leases of residential premises

367 Nature of reserve funds under leases of residential premises

368 Nature of sinking funds under leases of residential premises

369 Tenant’s concerns regarding reserve and sinking funds under leases of residential premises

370 Application for variation of lease provisions relating to flats

371 Ancillary powers in respect of variation of lease provisions relating to flats

372 Orders in respect of variation of lease provisions relating to flats

373 Administration charges under residential leases

374 Drafting a provision for re-entry in a residential lease

375 Re-entry and statutorily protected residential tenants

376 Re-entry and forfeiture of residential leases in the case of failure to pay small amounts for short period

377 Re-entry and forfeiture of residential leases in the case of failure to pay service charge or administration charge

378 Re-entry and forfeiture of residential leases in the case of any other breach

379 Waiver of forfeiture of residential leases

380 Protection against waiver of forfeiture of residential leases

381.1 Notice of breach

381.2 Relief against forfeiture of residential leases for breach of covenant

382.1 The right to forfeit

382.2 Relief from forfeiture for non-payment: Housing Act tenants

382.3 Relief in the event of peaceable re-entry

382.4 Relief where proceedings are commenced in the High Court

382.5 Relief where proceedings take place in the county court

383 Application for relief from forfeiture of residential leases by subtenant or mortgagee

384 Forfeiture of residential leases and bankruptcy or liquidation of tenant

385.1 Options

385.2 Pre-emptions

386 Residential leases and option to purchase landlord’s reversion

387 Option to renew residential lease

388 Rights of pre-emption and residential leases

389 Registration of options and rights of pre-emption in relation to residential leases

390 Option to determine residential lease (‘break clause’)

391 Contractual break notices under residential leases and statutory protection

392 Exercise of options in residential leases

393 Statutory options to purchase landlord’s reversion to residential leases

394 Statutory options to renew residential leases

395 Statutory rights of pre-emption

396 Purpose of rent review provisions in residential leases

397 Method of rent review in residential leases

398 Fixed rent reviews in residential leases

399 Index-linked rent reviews in residential leases

400 Rent review dates in residential leases

401 Introduction to delayed rent on review in residential leases

402 Payments on account of delayed reviewed rent in residential leases

403 Payment of shortfall of delayed reviewed rent in residential leases

404 Interest on shortfall of delayed reviewed rent in residential leases

405 Memorandum and documentation of residential rent reviews

406 The right to sublet residential premises and the position of the superior landlord

407 Enforcement of obligations between superior landlord and residential subtenant

408 Protecting superior landlord of residential premises

409 Reasons for subletting residential premises

410 General advice regarding drafting of residential subleases

411 Obligations contained in residential headleases

412 Terms in residential subleases

413 Rent reviews in residential subleases

414 Repairing obligations in residential subleases

415 Service charges in residential subleases

416 Insurance in residential subleases

417 Residential subleases and options to determine the headlease

418 Effect on residential subtenant of break option exercised by tenant

419 Effect on residential subtenant of break option exercised by superior landlord

420 The residential subtenant’s position in relation to break clauses

421 Rectification of residential leases

422 Variation of residential leases

423 Residential lease alterations that cannot be made by variation

424 Registration of deeds of residential lease variation

425 Granting landlords’ licences in relation to residential premises

426 Preliminary considerations relating to residential landlords’ licences

427 Landlords licences and residential lease provisions

428 Extent of residential landlords’ licences

429 Conditions of residential landlords’ licences

430 Form of residential landlords’ licences

431 Express and implied surrenders of residential leases

432 Surrender of residential tenancies subject to statutory protection

433 Formalities of surrender of residential leases

434 Effect of surrender of residential leases

435 Surrender-back clauses and the effect of statute in relation to residential leases

436 Introduction: the statutory codes of protection for residential leases

437 Statutory protection and new residential leases between new parties

438 Statutory protection and new residential leases between existing parties

439 Statutory protection and existing residential leases

440 The criteria for protection of residential leases

441 Statutory protection and nature of residential occupancy arrangement

442 Statutory protection and residential subtenancies

443 Statutory protection of dwelling houses

444 Statutory protection of part of a house

445 Statutory protection of separate dwellings

446 Statutory protection of dwelling houses let with other land

447 Residential statutory protection and business premises

448 Residential statutory protection and premises licensed for supply of alcohol

449 Residential statutory protection and agricultural holdings

450 Residential statutory protection and ecclesiastical property

451 Statutory protection and residential use

452 Statutory protection and holiday lettings and lettings to students

453 Statutory protection and requirement as to occupation of residential premises

454 Statutory protection and requirement of occupation by tenant of residential premises

455 Statutory protection and nature of required occupation of residential premises

456 Statutory protection and extent of required occupation of residential premises

457 Statutory protection and duration of tenancy of residential premises

458 Statutory protection and date of grant of tenancy of residential premises

459 Statutory protection and rateable and rental values of let residential premises

460 Statutory protection and rateable values under residential leases entered into before 1 April 1990

461 Statutory protection and rateable values under residential leases entered into on or after 1 April 1990 under agreement entered into before 1 April 1990

462 Statutory protection and rateable values under residential leases entered into on or after 1 April 1990

463 Statutory protection and rent payable under residential leases

464 Statutory protection and meaning of ‘rent’ payable under residential leases

465 Statutory protection and meaning of ‘low rent’ payable under residential leases

466 Statutory protection and length of term of residential leases

467 Statutory protection and nature of landlord under residential leases generally

468 Statutory protection and nature of landlord under residential leases: approved bodies

469 Statutory protection and nature of landlord under residential leases: the Crown

470 Statutory protection and nature of landlord under residential leases: specified public bodies

471 Statutory protection and nature of landlord under residential leases: social landlords

472 Statutory protection and nature of landlord under residential leases: specified educational institutions

473 Statutory protection and nature of landlord under residential leases: agricultural employers

474 Statutory protection and nature of landlord under residential leases: resident landlords

475 Statutory protection and nature of tenant under residential leases: private individual

476 Statutory protection and nature of tenant under residential leases: agricultural worker

477 Statutory protection and nature of tenant under residential leases: corporations, companies, local authorities, charities, building societies etc

478 Statutory protection and nature of tenant under residential leases: shared ownership leases

479 Statutory protection of residential leases and provision of board or attendance

480 Statutory protection of residential leases and rights to share living accommodation

481 Protected and statutory tenancies under the Rent Act 1977

482.1 Pre-15 January 1989

482.2 Post-15 January 1989

483 Security of tenure under the Rent Act 1977

484 Discrimination or victimisation and eviction under the Rent Act 1977

485 Discretionary grounds for possession under the Rent Act 1977 generally

486 Discretionary grounds for possession under the Rent Act 1977 and suitable alternative accommodation

487 Discretionary grounds for possession under the Rent Act 1977—Case 1: non-payment of rent or breach of obligation

488 Discretionary grounds for possession under the Rent Act 1977—Case 2: nuisance or annoyance

489 Discretionary grounds for possession under the Rent Act 1977—Case 3: acts of waste or neglect

490 Discretionary grounds for possession under the Rent Act 1977—Case 4: damage to furniture

491 Discretionary grounds for possession under the Rent Act 1977—Case 5: tenant’s notice to quit

492 Discretionary grounds for possession under the Rent Act 1977—Case 6: unapproved assignment or subletting

493 Discretionary grounds for possession under the Rent Act 1977—Case 8: dwelling house reasonably required for occupation by employee

494 Discretionary grounds for possession under the Rent Act 1977—Case 9: dwelling house reasonably required for occupation by landlord or a member of the landlord’s family

495 Discretionary grounds for possession under the Rent Act 1977—Case 10: overcharging subtenants

496 Discretionary grounds for possession under the Rent Act 1977—Case 10A: disqualifying immigration status (England only)

497 Mandatory grounds for possession under the Rent Act 1977 generally

498 Mandatory grounds for possession under the Rent Act 1977: requirement of prior notice

499 Mandatory grounds for possession under the Rent Act 1977—Case 11: letting by an owner-occupier

500 Mandatory grounds for possession under the Rent Act 1977—Case 12: dwelling house required as retirement home

501 Mandatory grounds for possession under the Rent Act 1977—Case 13: out of season lettings of holiday property

502 Mandatory grounds for possession under the Rent Act 1977—Case 14: vacation lettings of student accommodation

503 Mandatory grounds for possession under the Rent Act 1977—Case 15: dwelling house required by a minister of religion

504 Mandatory grounds for possession under the Rent Act 1977—Case 16: dwelling house required for agricultural employee

505 Mandatory grounds for possession under the Rent Act 1977—Case 17: dwelling house required for agricultural employee following amalgamation

506 Mandatory grounds for possession under the Rent Act 1977—Case 18: dwelling house required for person connected with agriculture

507 Mandatory grounds for possession under the Rent Act 1977—Case 19: protected shorthold tenancy

508 Mandatory grounds for possession under the Rent Act 1977—Case 20: lettings by servicemen

509 Introduction to succession rights under the Rent Act 1977

510 Succession rights under the Rent Act 1977: death of an original tenant on or after 15 January 1989

511 Succession rights under the Rent Act 1977: death of a successor on or after 15 January 1989

512 Succession rights under the Rent Act 1977: terms of assured tenancy by succession

513 Introduction to rent control under the Rent Act 1977

514 Registration of rents under the Rent Act 1977

515 Determination of fair rent under the Rent Act 1977

516 Rent limits under the Rent Act 1977 generally

517 Rent limits under the Rent Act 1977 for protected tenancies

518 Rent limits under the Rent Act 1977 for statutory tenancies

519 Rent control under the Rent Act 1977 and premiums

520 Allowable premiums under the Rent Act 1977

521 Restricted premiums under the Rent Act 1977

522 Unrestricted premiums under the Rent Act 1977

523 Definition of protected shorthold tenancies

524 Terms of protected shorthold tenancies

525 Security of tenure under protected shorthold tenancies

526 Rent control under protected shorthold tenancies

527 Definition of ‘restricted contract’

528 Contracts that could not be restricted contracts

529 Security of tenure under a restricted contract

530 Rent control under a restricted contract

531 Housing association tenancies generally

532 Rent control in relation to housing association tenancies

533 Housing Act 1988 generally

534 Definition of ‘assured tenancy’

535.1 Basic conditions

535.2 Exceptions

536 Assured shorthold tenancies under the Housing Act 1988 Section 19A

537 Subtenancies and the Housing Act 1988

538 Terms of a Housing Act 1988 tenancy

539 Terms in assured tenancies as to assignment and subletting

540 Implied terms in assured tenancies as to access for repairs

541 Duty to provide statement of terms of an assured tenancy

542 Introduction to security of tenure under the Housing Act 1988

543 Termination of assured periodic tenancies

544 Termination of assured fixed term tenancies

545 Terms of statutory assured periodic tenancies

546 Discrimination or victimisation and eviction under assured tenancies

547.1 Form and effect of notice

547.2 Circumstances where notice may not be given

547.3 Repayment where tenancy ends before end of period

548 Introduction to termination of assured tenancies by establishing ground of possession

549 Procedure for recovery of possession in relation to assured tenancies by establishing ground of possession

550 Mandatory grounds for possession in relation to assured tenancies generally

551 Mandatory grounds for possession in relation to assured tenancies: prior notice

552 Mandatory grounds for possession in relation to assured tenancies—Ground 1: letting by an owner-occupier

553 Mandatory grounds for possession in relation to assured tenancies—Ground 2: tenancy subject to a prior mortgage

554 Mandatory grounds for possession in relation to assured tenancies—Ground 2A: tenancy subject to a prior mortgage granted by fully mutual housing association (Wales only)

555 Mandatory grounds for possession in relation to assured tenancies—Ground 3: out of season lettings of holiday property

556 Mandatory grounds for possession in relation to assured tenancies—Ground 4: vacation lettings of student accommodation

557 Mandatory grounds for possession in relation to assured tenancies—Ground 5: dwelling house required by a minister of religion

558 Mandatory grounds for possession in relation to assured tenancies—Ground 6: demolition or reconstruction

559 Mandatory grounds for possession in relation to assured tenancies—Ground 7: death of tenant

560 Mandatory grounds for possession in relation to assured tenancies—Ground 7A: anti-social behaviour

561 Mandatory grounds for possession in relation to assured tenancies—Ground 7B: disqualifying immigration status (England only)

562 Mandatory grounds for possession in relation to assured tenancies—Ground 8: two months’ rent arrears

563 Discretionary grounds for possession in relation to assured tenancies generally

564 Discretionary grounds for possession in relation to assured tenancies—Ground 9: suitable alternative accommodation

565 Discretionary grounds for possession in relation to assured tenancies—Ground 10: some rent due

566 Discretionary grounds for possession in relation to assured tenancies—Ground 11: persistent delay in paying rent

567 Discretionary grounds for possession in relation to assured tenancies—Ground 12: other breaches of obligation

568 Discretionary grounds for possession in relation to assured tenancies—Ground 13: acts of waste or neglect

569 Discretionary grounds for possession in relation to assured tenancies—Ground 14: nuisance or annoyance

570 Discretionary grounds for possession in relation to assured tenancies—Ground 14ZA: riot (England only)

571 Discretionary grounds for possession in relation to assured tenancies—Ground 14A: domestic violence

572 Discretionary grounds for possession in relation to assured tenancies—Ground 15: damage to furniture

573 Discretionary grounds for possession in relation to assured tenancies—Ground 16: letting to former employee

574 Discretionary grounds for possession in relation to assured tenancies—Ground 17: tenancy induced by false statement

575 Introduction to rights of succession in relation to assured tenancies

576 Rights of succession in relation to assured tenancies: fixed term tenant

577 Rights of succession in relation to assured tenancies: periodic tenants

578 Rights of succession in relation to assured tenancies: one-succession rule

579 Rights of succession in relation to assured tenancies: joint tenants

580 Introduction to variation of rent under assured tenancies

581 Tenant’s right to refer initial rent under assured shorthold tenancies

582 Tribunal’s powers to determine initial rent under assured shorthold tenancies

583 Subsequent rent variations under fixed term assured tenancies

584.1 Procedure

584.2 Tribunal determination

585 Introduction to security of tenure under the Local Government and Housing Act 1989

586 Security of tenure under the Local Government and Housing Act 1989: qualifying condition

587 Security of tenure under the Local Government and Housing Act 1989—scheme of protection

588 Security of tenure under the Local Government and Housing Act 1989—termination by the landlord

589 Security of tenure under the Local Government and Housing Act 1989—termination by the tenant

590 Security of tenure under the Local Government and Housing Act 1989—terms of the assured periodic tenancy

591 Security of tenure under the Local Government and Housing Act 1989—regaining of possession by the landlord

592 Introduction to the Protection from Eviction Act 1977

593 Criminal offences under the Protection from Eviction Act 1977 generally

594 Protection from Eviction Act 1977: unlawful eviction

595 Protection from Eviction Act 1977: first offence of harassment

596 Protection from Eviction Act 1977: second offence of harassment

597 Statutory tort of unlawful deprivation of residential occupation

598 Defences to statutory tort of unlawful deprivation of residential occupation

599 Measure of damages under statutory tort of unlawful deprivation of residential occupation

600 Other civil remedies for unlawful eviction or attempted eviction

601 Introduction to other protection under the Protection from Eviction Act 1977

602 Forfeiture and the Protection from Eviction Act 1977

603 Possession following termination and the Protection from Eviction Act 1977

604 Tenancies and licences excluded from the Protection from Eviction Act 1977

605 Notices to quit and the Protection from Eviction Act 1977

606 Introduction to right to manage

607 The premises to which the right to manage applies

608 Qualifying tenants for the purposes of the right to manage

609 Long leases for the purposes of the right to manage

610 Right to manage (RTM) companies

611 Membership of right to manage (RTM) companies

612 Anti-avoidance provisions and the right to manage regime

613 Notices under the right to manage regime

614 Notice inviting participation in exercise of right to manage

615 Claim notice to acquire right to manage

616 Rights to information and rights of access in relation to claims to acquire the right to manage

617 Counter-notices to claims to acquire the right to manage

618 Withdrawal of claim to acquire the right to manage

619 Costs of claims to acquire the right to manage

620 Date of acquisition of right to manage

621 Acquisition of right to manage and management contracts

622 Provision of information in connection with the right to manage

623 Payment of uncommitted service charge

624 Exercise of right to manage generally

625 Management functions of RTM company

626 Approvals under leases by RTM company

627 Lessees’ covenants and RTM companies

628 Application of landlord and tenant legislation to RTM companies

629 Service charge contributions by landlord to RTM company

630 Cessation of the right to manage

631 Introduction to statutory protection relating to identity of the landlord

632 Tenant’s request for information as to identity of the landlord

633 Rent demands etc and identity of the landlord

634 Notification of identity of the landlord following assignment of reversion

635 Landlord’s address for service of notices

636 Entitlement to rent book

637 Licensing of houses in multiple occupation generally

638 Power to designate areas as ‘subject to additional licensing’ for the purposes of houses in multiple occupation

639 The requirement for houses in multiple occupation to be licensed

640 Temporary exemption from licensing of housing in multiple occupation

641 Licence conditions for housing in multiple occupation

642 Variation and revocation of licence for housing in multiple occupation

643 Offences in relation to licensing of houses in multiple occupation

644 Rent repayment orders in relation to housing in multiple occupation in England

645 Restrictions on terminating certain tenancies

646 Determination of residential tenancy

647 Determination of residential periodic tenancies at common law

648 Period and timing of notice to quit at common law in relation to residential premises

649 Form of notice to quit at common law in relation to residential premises

650 Service of notice to quit at common law in relation to residential premises

651 Withdrawal of common notice to quit in relation to residential premises

652 Statutory requirements as to notice to quit in relation to residential premises generally

653 Notices to quit and the Rent Act 1977

654 Notices to quit and the Housing Act 1988

655 Notice of proceedings for possession in relation to Housing Act 1988 tenancies

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