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untitled ... Home Page Rent Act 1977 The Bailiff L.T. Act Part II Assured Tenancy Shorthold Tenancy Covenant & Obligations Sample Tenancy THE LANDLORD & TENANT ACT The concern of the law is the legal rights and obligations ...
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The concern of the law is the legal rights and obligations that arise between individuals when they enter into a relationship to do with an estate in the land . There are four main categories of occupation at common law, the freehold owner, the tenant, the licensee and the trespasser, identifying to which group you belong can often be difficult .

The holder of ' an estate in fee simple absolute in possession ' is commonly known as a freeholder .The term absolute is an estate of maximum duration, a lease will normally arise where a landowner ( the landlord ) grants to another ( the tenant ) the exclusive right to possess land for a fixed or ascertainable period while retaining a reversionary estate .

A term of ' years absolute ' is more commonly known as a lease or a leasehold estate . A tenancy ( a short lease ) is not moveable i.e. that is it cannot be transplanted or transferred from one property to an other, the only way it can be moved is by substituting a new tenancy .

There are many commercial landlord's, and companies that own numerous properties along with private landowners and owner-occupiers that have surplus accommodation to let. Your landlord is the person that you let from, who either owns the property at freehold or as a leaseholder ; .

The contract which the landlord gives to the tenant is for either a fixed specific term - for example

(a)	Six months or one year ( fixed-term tenancy ) or a lease on a periodic basis for an indefinite period:
	OR
(b)	From week to week or from month to month ( periodic tenancy ) :

Tenancies granted before 15 January 1989 are often called protected or statutory tenancies, the tenant cannot be evicted without a court order, on the grounds set out in the Rent Act 1977

If the tenant does not enjoy exclusive possession, this may mean that the tenant is merely a licensee, most licensees do not enjoy protection under the Act. It is not unusual for some landlords to try to evade the Landlord & Tenant Act by creating a ' license ' but landlords cannot evade the law by simply putting the word license in place of the word lease, the granting of a license only allows permission to use the land, a license may well be a sham document if it fulfills all the requirements of a tenancy. The quality of possession and the right of exclusive occupation primary issues in defining the intended interest in the land.

The courts will look to the 'substance and reality ' of the transaction rather than merely the words or form of the agreement that has been signed. An occupier may well in fact have exclusive possession of the property or part of it despite the wording of the agreement. Alternatively, the persons with whom the occupier is required to share may collectively be construed to be the tenants, so that between them they have a ' joint tenancy ' of the property .

It is important to establish whether you have an agreement for a tenancy or a licence as this will affect your rights and responsibilities. If the landlord agrees to rent you accommodation for a period and you will have exclusive use of the accommodation, the agreement will usually be an assured or shorthold tenancy.

If you do not have exclusive use of the accommodation or live in part of the landlord's home, then different rules apply if you do not have exclusive use of the accommodation or the landlord lets part of the house or flat he or she lives in to you. Then the landlord is a " resident landlord ", it is enough that he or she lives in the same building, you do not have exclusive use of the accommodation, and you will only have a licence to occupy the premises..However, if the landlord lives in a flat in a purpose built block of flats and rents you one of the other flats in the same block, he or she will not be a resident landlord and you will be an assured or shorthold tenant.

The word dwelling - house applied in the Act includes many of the rented homes, flats and bedsitting rooms belong to private landlords, for the Act to apply it must be a separate dwelling . If you have exclusive use of part of the accommodation but can also use another part of the accommodation, such as a communal living room or kitchen, with someone who is not the landlord, you are likely to have either an Assured tenancy " ( sometimes called " full " or " ordinary " assured tenancies) or an Assured Shorthold tenancy as these are the most common agreements used in the letting of private houses and flats .

Many housing association tenancies will have been secure tenancies under the Housing Act 1985, since 15th January 1989 most housing association tenancies will be assured tenancies under the Housing Act 1988 with important changes made by the Housing Act 1996 which took effect from 28 February 1997.

A tenancy at sufferance arises when a tenant holds over at the end of the tenancy, and is not really a tenant at all . It may well be difficult to distinguish between a license, and a tenancy at will, however an implied periodic tenancy can be created if the Landlord accepts rent.

Situations often arise when a landlord verbally promises things, and later, the tenant signs an agreement in which no mention is made of his promises. The tenant can insist on the work being done so long as the agreement is merely silent on the point. If, however, the agreement in any way contradicts this e-g., by saying the tenant shall be responsible for all decorative repairs - the tenant cannot hold the landlord to his promise. So only sign a tenancy agreement if the Landlord verbally promises to do so and is not contradicted by anything in the written agreement, and you can prove that it was ever said.A landlord can then be compelled by the local council and the courts to make necessary repairs.

The contract is normally made in writing but this is not absolutely essential ; an oral tenancy is valid if it is a periodic tenancy or is for a fixed term not exceeding three years, provided it was granted at a normal market rent without the landlord charging a premium ( i.e. a capital sum over and above rent as a condition of granting the tenancy ).

Although a tenancy is entirely legal without a written contract, very often, the terms agreed between the proposed landlord and tenant, are first set out, in an exchange of letters , finally they will agree, that these terms are "subject to formal contract " or the terms are the " basis" of their tenancy agreement.

It is vitally important that two persons, after considerable negotiation, put down what they have agreed in a written document, this document should contain exactly, what is agreed. The landlord or his agents may ask you to sign an agreement outlining your obligations as a tenant. Read it carefully before signing, pay particular attention to conditions concerning repairs, payment of rates, permission to sub-let and the period of the lease, and if you have any doubts that you cannot resolve by talking to the landlord, go to a Citizens Advice Bureau or a solicitor.

The landlord or agent may reserve the right in the written agreement to enter the premises at reasonable times to satisfy himself that you are keeping them in good condition. He must always give warning of such visits, which should not be too frequent. If good reason for them cannot be shown, he could be guilty of harassment. He can obtain an order for your eviction if he can persuade a court that you have broken the agreement in a serious or persistent manner and sue for damages..

The tenant is entitled to in the words of the law, quiet enjoyment of the premises, the landlord is required to leave the tenant alone, the landlord is relieved of that obligation only if the tenant breaks the terms of their agreement or fails to pay rent - when the tenant may be sued for damages or evicted by a court order. If you are persistently disturbed by your landlord, report him for harassment to the local authority. If the harassment was serious, you can sue for damages and obtain a Court Injunction.

Your tenancy should strictly be set out in a deed , ( however the law does not require it of leases for less than three years ) - that is, a document which is not merely signed by the parties, but also sealed. Today, instead of a seal on wax, a small piece of red paper called a wafer is stuck on to the document and the person touches this with his finger. Most tenancy agreements will, however, be in writing or will be recorded in a rent book, however an ordinary signed agreement is in most cases just as good as a deed, but the absence of any document does not necessarily mean that the tenant does not have a legal tenancy.

In all tenancies you should see clearly the date from which the tenancy is to commence .If no date is mentioned the result will probably be that the tenancy will commence from the date when the agreement is made . Remember the written document in which these terms are contained must be signed. The signature may be in ink or pencil, or a printed stamp and initials, or even a " mark " is enough. The signature need not be at the end - anywhere on the paper will do. An agent's signature will be enough if the agent is authorized to sign contracts on behalf of the landlord (or tenant) for whom he is acting, but please remember that in the ordinary way a house agent does not have authority to sign contracts of this kind. His duty is merely to receive offers and pass them on to the person who put the house in his hands.

A new tenancy does not begin until midnight, they often start on one of the quarter days - March 25 (Lady Day), June 24 (Midsummer), September 29 (Michaelmas), and December 25 (Christmas Day ) - or on one of the half-quarter days (February 8, May 9, August 11, and November 11). These are the usual quarter days in most parts of England. but in some districts in the north of England the usual quarter days are, February 2 (Candlemas), May 1 (Whitsuntide, in certain districts May 15), August 1 (Lammas). and November 11 (Martinmas).

The length of your tenancy, period is known as your " term ", if your tenancy is for a fixed period of time- e.g., three years or three months - it ends automatically when that time has expired without any notice to quit being given .

Most commercial leases are for a fixed term of years with a specified commencement date and duration., there may be a break clause allowing the landlord or the tenant to terminate the lease early at a particular date or on the occurrence of certain events, often linked to a rent review. The lease may give you the right to renew or extend the lease for a further term, subject to agreeing a new rent. Such rights would be in addition to your statutory right to renew the tenancy.

Office, retail and industrial premises are usually occupied by businesses covered by part II of the Landlord and Tenant Act In, theory, the length of the commercial leases is based on the expected life of the buildings although in practice commercial leases are rarely for more than 25 years. A full 25 year term provides a degree of security and may involve an increase in capital value. However, the financial commitment is correspondingly long term and may involve rent increases, dilapidation and the risk of continuing liability if subsequent occupiers default.

If there is no fixed term mentioned in your lease it could go on for ever, each time a term expires it is automatically renewed, a periodic tenancy can be terminated by a period of notice given by either the landlord or tenant, examples are a yearly, quarterly, monthly or a weekly tenancy.

As a tenant, you will want to know that; you will be able to use the tenancy for a sufficient period to provide stability. The condition and facilities will be maintained properly; that the rent and outgoing will not be excessive; and the obligations imposed are not unreasonable . Both the tenant and anyone guaranteeing the tenant's liabilities will want to be able to avoid residual liability once he no longer occupies the premises.

(1)	Obtaining a rent at the highest available rate;
(2)	Recovering from the tenant whatever outgoing he might incur;
(3)	Ensuring that the building does not deteriorate in value through lack of repair or some disagreeable use;
(4)	Recourse against someone with adequate resources if the tenant defaults.

A tenant can be sued by his landlord for neglecting or causing damage to the property, one of the most frequent causes of dispute between landlord and tenant is the cost of repairs to the premises. Sometimes, this is covered in the rental agreement. An obligation to 'put in repairs ' requires the tenant to undertake all repairs from the onset of tenancy. If a tenant has promised to 'yield up in good repair he must leave the premises in a well-maintained condition, even if it was badly kept when he entered. But agreements normally allow for ' fair wear and tear', meaning that the tenant does not have to repair damage rising from normal use or natural aging .

Whatever the agreement states, in tenancies due to last for less than 7 years even when they are renewed - the landlord is required by law to repair the structure and exterior of the home and maintain the heating, plumbing, gas and electric fittings. It is the tenant's duty to report defects and repair minor internal breakage's and faults .

If you use the building in some forbidden way, the landlord will usually be entitled to get an order, called an injunction, from the court ordering you to put a stop to the improper use of the house, or he may summarily put an end to your tenancy and turn you out even though your lease may have some considerable time yet to run.

If you find that the people in the house next door to you are starting to take in lodgers,and having noisy parties or that their daughter is teaching music, your best course is to write to your next-door neighbour and ask him to stop what he is doing before you write to the landlord. However, even if your next-door neighbour has a clause in his tenancy agreement saying he must not carry on a trade or business or must use his house only as a private dwelling house, you cannot interfere. His landlord could no doubt stop the lodgers and the parties if he wished and perhaps if you write and tell him he may do so. But you cannot make him it is entirely a matter between him and his own tenant.

In addition to clauses mentioned there is often a clause of a more general kind, saying that the tenant must not do anything which may be a nuisance to the landlord or to tenants of adjoining houses or any thing which may lead to" annoyance nuisance or damage." Remember, however, that unless what you are doing amounts to a legal nuisance your neighbour may complain, but only your landlord can stop you.

Where the clause you have broken is the one which forbids you to assign the premises, the landlord may forfeit the lease without giving you any notice and the court cannot interfere to help you. If your lease provides for forfeiture should you become bankrupt, then, you may be granted relief by the court. Where the clause which you have broken is some other clause in your lease - e.g., the one requiring you to keep up the repair - your landlord cannot forfeit your tenancy without first sending a notice to you setting out the clause you have broken. The notice must also call on you to put right the breach if it can be put right and require you to pay compensation in money.

Where the breach complained of is failure to repair the home, the notice must set out what repairs are needed and must give you reasonable time to have the repairs done. If, when a notice of this kind has been served, you do not remedy the breach and pay compensation or do the repairs within a reasonable time, the landlord may then proceed to recover possession of the home, just as in the case of a failure to pay rent . Should such an action be brought against you by your landlord, you may still ask the court to allow you to retain your lease.

It is extremely likely that when you moved into your house you made it more pleasant to live in by if you nailed anything to the wall. you may, when you wish to leave your house, find that the landlord will refuse to let you take them with you unless you have something in your agreement saying that you are entitled to remove fixtures.

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