ASSURED TENANCIES
The basic philosophy of the Housing Act 1988 is that the parties are free to negotiate and enter into a tenancy on whatever terms they can agree .Assured tenancies granted on or after 15 January 1989 find most of the relevant law in the Housing Act 1988
Unless the tenancy has a fixed term of more than 7 years, the landlord is responsible for :
| o | Repairs to the structure and exterior of the property; |
| o | Repairs to baths, sinks, basins and other sanitary installations; |
| o | Repairs to heating and hot water installations; |
| o | Repairs to if you are renting a flat or maisonette, other parts of the holding or installations in it which he or she owns or controls and whose disrepair would affect you. |
SAFETY OF GAS AND ELECTRICAL APPLIANCES
The landlord is required to ensure that all gas appliances are maintained in good order The landlord should ensure that the electrical system and any electrical appliances such as cookers, kettles, toasters, washing machines and immersion heaters are safe to use.
FIRE SAFETY OF FURNITURE AND FURNISHINGS
The landlord must ensure that any furniture and furnishings meet the fire resistance requirements in the Furniture and Furnishings (Fire) (Safety) Regulations 1988, unless he or she is letting on a temporary basis whilst, for example, working away from home.
Other
The tenant will normally be responsible for paying Council Tax, However, if the property is a house in multiple
occupation, the landlord will he responsible for paying it although he can include the cost in the rent. A house
in multiple occupation, for Council Tax purposes, is a property which is constructed or adapted for occupation
by individuals who do not form a single household or who have separate tenancies or who pay rent for only part
of the property.
The tenancy agreement should set out who is responsible for paying the Council Tax if you are in any doubt who
will be liable to pay, contact your local authority to avoid confusion.
WATER AND SEWERAGE CHARGES
You will normally be responsible for paying water and sewerage charges if the accommodation is self-contained. If you are in any doubt ,contact the water utility company for the area. The tenancy agreement should set out who is responsible for payment. If the landlord pays the charges, it may be included in the cost of the rent.
You should agree with the landlord who is responsible for the payment of bills i.e. ( gas, electricity telephone
etc.).
You have a duty to take proper care of the property and use it in a responsible way pay the rent as agreed and
keep to the terms of the tenancy agreement, unless the terms are in contravention of your rights in law
RENT
The Housing Act 1988 permits the landlord to apply to a rent assessment committee to increase the rent the landlord can charge a full market rent for an assured or a shorthold tenancy.
RIGHT TO ENTER
The landlord, or landlord's agent, has the legal right to enter the property at a reasonable time of day to carry out the repairs that the landlord irresponsible for, and to inspect the condition and state of repair of the property. 24 hours written notice of an inspection must be given. You should ask the landlord to set out in the tenancy agreement the arrangements for access and procedures for getting repairs done.
QUIET ENJOYMENT
You have the legal right to live in the property as your
home. The landlord should ask your permission before he or she enters the premises. The landlord cannot evict you
without a possession order from the court. If the landlord sells the freehold of the property, you will retain
any rights you have to remain in the property, as the tenancy will he binding on any purchaser
Matters such as whether you can keep pets and so on, should be negotiated and included in the terms of the tenancy
agreement
TERMINATION
The landlord does not have an automatic right to repossess the property when the tenancy comes to an end .When a tenant with an assured tenancy, refuses to leave, termination by the landlord is obtained by a court order based on one of the sixteen specified grounds you have the right to remain in the property unless the landlord proves grounds for possession.
If the landlord grants you a replacement assured tenancy on a fixed term basis, he or she will only he able to regain possession during the fixed term on one of the following grounds for possession 2, 8, 10, 11, 12, 13, 14 or 15 . Even if the landlord proves that one of these grounds exits ( apart from grounds 2 or 8 ) it must be shown that it is reasonable for the court to order the tenant to leave .
In the case of periodic tenancies grounds 1 - 8 are mandatory if they are proved grounds 9 - 16 are discretionary the court must be satisfied that it is reasonable to order possession .
Any replacement tenancy which the landlord agrees with will automatically be on assured terms whatever the tenancy says unless you agree that he or she can replace it with a shorthold tenancy. If the landlord agrees a replacement tenancy, it can either be for a fixed term or run on a periodic basis - called a contractual periodic tenancy.
The landlord does not have an automatic right to regain possession of an assured tenancy at the end of a fixed term. If the landlord does nothing, the tenancy will automatically run on, from one rent period to the next, on the same terms as the preceding fixed term assured tenancy. The tenancy is called a statutory periodic tenancy. It will continue to run on this basis until you leave, the landlord replaces the tenancy or gives notice seeking possession of the property on one of the grounds
If your assured tenancy started on or after 28 February 1997, any replacement tenancy will automatically be on assured terms whatever the tenancy agreement says, unless you give the landlord notice on a special form that you want a replacement tenancy on shorthold terms .
If you want to replace your assured tenancy with a shorthold tenancy, you should give the landlord notice on a special form that you want a replacement shorthold tenancy. The form is called " Tenant's notice proposing that an Assured Tenancy he replaced by an Assured Shorthold Tenancy " which can he obtained from a law stationers or a rent assessment panel. The landlord cannot give you a replacement shorthold tenancy unless you complete and sign the form .
You do not have to complete this form even if
your landlord has asked you to do so, unless you are quite sure that you want a replacement tenancy on a shorthold
basis. If you give your landlord this notice, your assured tenancy will he replaced by a shorthold tenancy and
you will he giving up your existing right to remain in the property. Your landlord will he able to regain possession
of the property as soon as the initial 6 months of the shorthold tenancy have passed, or if the tenancy has a fixed
term, at the end of the fixed term. The landlord will not have to give any grounds as to why he or she wants to
repossess the property.
If the landlord is trying to make you accept
a replacement tenancy and you are in any doubt about whether to accept it, seek advice from a Law Centre, Citizens
Advice Bureau, or a solicitor.
To qualify as an assured tenancy, a tenancy will have to fulfill all the requirements demanded of a normal assured tenancy by s. 1 of the Housing Act 1988 .
| (1) | A tenancy under which a dwelling - house is let as a separate dwelling is for the purpose of this Act an assured tenancy if so long as - |
| a | the tenant or, as the case may be, each of the joint tenants is an individual ; and |
| b | the tenant or, as the case may be, at least one of the joint tenants occupies the dwelling - house as his only or principal home ; and |
| c | the tenancy is not one which by virtue of subsection (2) or subsection (6) below, cannot be an assured tenancy . |
the following conditions must be satisfied :
(1) There must be a tenancy and not a licence
(2) The tenancy must be of a ' dwelling - house '
(3) The tenant must be an individual
(4) The tenant must occupy the property as his or her only principal home
(5) The tenancy must not be one that is specifically excluded from protection under the act .
A tenancy will not be an assured or shorthold tenancy if :
| The tenancy began before 15 January 1989 ; |
| If it is a Business or holiday let ; |
| No rent or a very low or very high rent is charged ; The landlord is a " resident landlord " |
