Assured Shorthold Tenancy
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Assured Shorthold Tenancy
The assured shorthold tenancy (AST) is the default legal category of residential tenancy in England and Wales. It is a form of assured tenancy with limited security of tenure, which was introduced by the Housing Act 1988 and saw an important default provision and a widening of its definition made by the Housing Act 1996. Since 28 February 1997 in respect of accommodation to new tenants who are new to their landlords, the assured shorthold tenancy has become the most common form of arrangement that involves a private residential landlord. The equivalent in Scotland is short assured tenancy. Requirements The tenancy must meet the basic requirements of an assured tenancy (excluding the security of tenure effects) and all of the following: # Any of the following: ## The tenancy started between 15 January 1989 and 27 January 1997 (inclusive) and was accompanied by a prescribed warning, was for a fixed term, and for at least six months ## The tenancy started at or after 28 February ...
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Section 21 Notice
In England and Wales, a section 21 notice, also known as a section 21 notice of possession or a section 21 eviction, is the notice which a landlord must give to their tenant to begin the process to take possession of a property let on an assured shorthold tenancy without providing a reason for wishing to take possession. The expiry of a section 21 notice does not bring a tenancy to its end. The tenancy would only be ended by a landlord obtaining an order for possession from a court, and then having that order executed by a County Court bailiff or High Court enforcement officer. Such an order for possession may not be made to take effect earlier than six months from the beginning of the first tenancy unless the tenancy is a demoted assured shorthold tenancy. If the court is satisfied that a landlord is entitled to possession, it must make an order for possession, for a date no later than 14 days after the making of the order unless exceptional hardship would be caused to the tenant ...
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English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of ''stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common ...
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Housing In The United Kingdom
Housing in the United Kingdom represents the largest non-financial asset class in the UK; its overall net value passed the £5 trillion mark in 2014. About 30% of homes are owned outright by their occupants, and a further 40% are owner-occupied on a mortgage. About 18% are social housing of some kind, and the remaining 12% are privately rented. The UK ranks in the top half of European countries with regard to rooms per person, amenities, and quality of housing. However, the cost of housing as a proportion of income is higher than average among said countries, and the increasing cost of housing in the UK may constitute a housing crisis for some, especially for those in low income brackets or in high-cost areas such as London. Housing is the jurisdiction of the Minister of State for Housing. History Victorian era Rapid population growth took place in the nineteenth century, particularly in cities. The new homes were arranged and funded via building societies that dealt dire ...
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Buy To Let
Buy-to-let is a British phrase referring to the purchase of a property specifically to let out, that is to rent it out. A ''buy-to-let'' mortgage is a mortgage loan specifically designed for this purpose. Buy-to-let properties are usually residential but the term also encompasses student property investments and hotel room investments. History Before the 1980s the number of private individuals who became landlords was very small. Buying a property to rent was seen as the preserve of professional landlords and persons who were sufficiently wealthy to pay cash or having sizable deposits enabling them to obtain commercial-style mortgages. The modern 'buy-to-let' mortgage was not available and the possibility of purchasing property as a means of funding a retirement income did not occur to most people. The infrastructure of loans, advice, and information was not available. The critical change came with the Housing Act of 1988 when the assured shorthold tenancy came into being. This ...
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First-tier Tribunal
The First-tier Tribunal is part of the courts and tribunals service of the United Kingdom. It was created in 2008 as part of a programme, enacted in the Tribunals, Courts and Enforcement Act 2007, to rationalise the tribunal system, and has since taken on the functions of 20 previously existing tribunals. It is administered by His Majesty's Courts and Tribunals Service. Chambers and jurisdiction The tribunal currently consists of seven chambers, structured around subject areas (although the General Regulatory Chamber has a very broad remit). The chambers may be divided into sections, mirroring the jurisdictions inherited from the tribunals which have been merged into the First-tier Tribunal. Different jurisdictions have been transferred into the tribunal in a programme which began in 2008 and is continuing. Judiciary The judiciary of the First-tier Tribunal comprises tribunal judges and other members. Legally qualified members of the former tribunals became Tribunal Judges of t ...
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Rent Assessment Committee
A rent assessment committee is a tribunal in England and Wales set up under the Rent Acts whose main task is to assess fair and market rents of properties referred to it. There is a statutory right of appeal to the High Court of England and Wales and thence to the Court of Appeal. On the formation of the Residential Property Tribunal Service as a result of the Housing Act 2004 the rent assessment committees became part of that body for administrative purposes, and is therefore now called the First-tier Tribunal (Property Chamber - Residential Property). Jurisdiction The First Tier Tribunal (Property Chamber - Residential Property) has the following jurisdictions: * cancellation of a registered rent (s. 81A Rent Act 1977) * determination of the terms of a statutory periodic assured tenancy (s. 6 Housing Act 1988) * determination of a market rent for an assured tenancy (s. 22 Housing Act 1988) * questions concerning purchase notices * questions concerning acquisition orders ...
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Section 8 Notice
A Section 8 notice, also known as the Section 8 notice to quit or Form 3. It is a prerequisite if the landlord of an assured tenancy or assured shorthold tenancy wishes to obtain possession order from the court, thereby ending the tenancy, for a reason based on a circumstance entitling the landlord to possession under the grounds pleaded. It is used in England and Wales and is part of the Housing Act 1988.http://www.legislation.gov.uk/ukpga/1988/50 Housing Act 1988 as amended by the Housing Act 1996. Overview An assured shorthold tenancy may also be ended by the execution of a possession order based on a Section 21 notice. The differences between the Section 8 and Section 21 procedures are: * A Section 21 notice may be used without the landlord giving any reason, whereas for a Section 8 notice to be used the landlord must satisfy one of the statutory grounds for eviction. * The Section 8 notice may be used for an assured shorthold tenancy or an assured tenancy. Section 21 Not ...
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Tenancy
A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a leasehold estate is typically considered personal property. Leasehold is a form of land tenure or property tenure where one party buys the right to occupy land or a building for a given length of time. As a lease is a legal estate, leasehold estate can be bought and sold on the open market. A leasehold thus differs from a freehold or fee simple where the ownership of a property is purchased outright and thereafter held for an indeterminate length of time, and also differs from a tenancy where a property is let (rented) on a periodic basis such as weekly or monthly. Terminology and types of leasehold vary from country to country. Sometimes, but not always, a residential tenancy under a lease agreement is colloquially known as renting. The ...
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England And Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is English law. The devolved Senedd (Welsh Parliament; cy, Senedd Cymru) – previously named the National Assembly of Wales – was created in 1999 by the Parliament of the United Kingdom under the Government of Wales Act 1998 and provides a degree of self-government in Wales. The powers of the Parliament were expanded by the Government of Wales Act 2006, which allows it to pass its own laws, and the Act also formally separated the Welsh Government from the Senedd. There is no equivalent body for England, which is directly governed by the parliament and government of the United Kingdom. History of jurisdiction During the Roman occupation of Britain, the area of present-day England and Wales was administered as a single unit, except f ...
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Short Assured Tenancy (Scotland)
A short assured tenancy is a type of tenancy in Scotland that was introduced by the Housing (Scotland) Act 1988.Legislation.gov.uk
Part II
A short assured tenancy gives s some protection and freedom of action when letting their properties. Short assured tenancies have become the norm within the residential letting industry in Scotland. The equivalent legislation in is . Following the enactme ...
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Scotland
Scotland (, ) is a Countries of the United Kingdom, country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a Anglo-Scottish border, border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the north and west, the North Sea to the northeast and east, and the Irish Sea to the south. It also contains more than 790 Islands of Scotland, islands, principally in the archipelagos of the Hebrides and the Northern Isles. Most of the population, including the capital Edinburgh, is concentrated in the Central Belt—the plain between the Scottish Highlands and the Southern Uplands—in the Scottish Lowlands. Scotland is divided into 32 Subdivisions of Scotland, administrative subdivisions or local authorities, known as council areas. Glasgow, Glasgow City is the largest council area in terms of population, with Highland (council area), Highland being the largest in terms of area. Limi ...
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