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Rent Rights In England And Wales
Rent regulation in England and Wales is the part of English land law that creates rights and obligations for tenants and landlords. The main areas of regulation concern: * the mechanisms for regulating prices (historically called "rent control"). Since the Housing Act 1980 (c. 51), prices are generally left for landlords to fix except in the "affordable" sector where councils and housing associations manage around 4.4 million homes which are subject to rent regulation. * the reasons that a person can be evicted. Since the Housing Act 1996 (c. 52), most tenancies can be terminated on their expiry for any reason. * the obligations to repair and maintain the property, under the Landlord and Tenant Act 1985 (c. 70). In general, people renting homes or real property may agree with a landlord to any English contract law, contract terms they like, but some rights and duties are made compulsory. Historically, the United Kingdom sought to ensure fair rents, prevent evictions without ...
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English Land Law
English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is usually seen as the most important part of English property law. Ownership of land has its roots in the feudal system established by William the Conqueror after 1066, but is now mostly registered and sold on the real estate market. The modern law's sources derive from the old courts of common law and equity (legal concept), equity, and legislation such as the Law of Property Act 1925, the Settled Land Act 1925, the Land Charges Act 1972, the Trusts of Land and Appointment of Trustees Act 1996 and the Land Registration Act 2002. At its core, English land law involves the acquisition, content and priority of rights and obligations among people with interests in land. Having a property right in land, as opposed to a contractual or some other personal right, matters because it creates priority over other people's claims, particularly if the land is sold o ...
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Marchant V Charters
Marchant is a surname. Notable people with the surname include: * Adio Marchant (born 1987), English singer and songwriter known professionally as Bipolar Sunshine * Alison Marchant, Australian politician * Cecil Marchant (1895–1965), English WW1 military pilot * Chesten Marchant (died 1676), last monoglot Cornish speaker * David R. Marchant, glacial geologist * Edward Dalton Marchant (1806–1887), American artist * George Marchant (1857–1941), Australian soft-drink manufacturer and philanthropist * Henry Marchant (1741–1796), American lawyer and delegate to the Continental Congress (1777 to 1779) * Sir Herbert Stanley Marchant, 20th Century British diplomat and writer * Jeremy Marchant Forde (born 1966), English biologist * John Le Marchant (British Army officer, born 1766) (1766–1812), English major-general * Sir John Le Marchant (British Army officer, born 1803) (1803–1874), English general and Governor of Newfoundland * Julio Marchant (born 1980), Argentine foo ...
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Rent Regulation
Rent regulation is a system of laws for the rental market of dwellings, with controversial effects on affordability of housing and tenancies. Generally, a system of rent regulation involves: *Price controls, limits on the rent that a landlord may charge, typically called rent control or rent stabilization *Eviction controls: codified standards by which a landlord may terminate a tenancy *Obligations on the landlord or tenant regarding adequate maintenance of the property *A system of oversight and enforcement by an independent regulator and ombudsman The loose term "rent control" covers a spectrum of regulation which can vary from setting the absolute amount of rent that can be charged, with no allowed increases, to placing different limits on the amount that rent can increase; these restrictions may continue between tenancies, or may be applied only within the duration of a tenancy. As of 2016, at least 14 of the 36 OECD countries have some form of rent control in effect, inc ...
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The Property Ombudsman
The Property Ombudsman (TPO) scheme is an ombudsman in the United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan .... It has been providing consumers and property agents with an alternative dispute resolution service since 1990. The scheme was underpinned by statute in 2007 (estate agents) and 2014 (letting and managing agents) and approved by the UK government to help consumers settle their disputes with property businesses such as estate agents, letting agents and property management agents. Overview The Property Ombudsman scheme can look at complaints made by consumers against agents registered with the scheme. This may include complaints about poor or incompetent service, including for example: communication and record keeping, marketing and advertising, complaint ...
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Rent Act 1977
The Rent Act 1977 (c. 42) was an act of Parliament passed in the United Kingdom. The act introduced the protected tenancy in England and Wales. The organization setting the rent, the Valuation Office Agency, was known as the "Rent Office". See also *Rent regulation *English land law References External links * English property law United Kingdom Acts of Parliament 1977 Acts of the Parliament of the United Kingdom concerning England and Wales 1977 in England 1977 in Wales Britain Britain most often refers to: * Great Britain, a large island comprising the countries of England, Scotland and Wales * The United Kingdom of Great Britain and Northern Ireland, a sovereign state in Europe comprising Great Britain and the north-eas ... English land law Regulation in the United Kingdom {{England-law-stub ...
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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 Febru ...
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Assured Tenancy
An assured tenancy is a legal category of residential tenancy to an individual (or individuals jointly) in English land law. Statute affords a tenant under an assured tenancy a degree of security of tenure. A tenant under an assured tenancy may not be evicted without a reasonable ground in the Housing Act 1988 and, where periodic changes in rent are potentially subject to a challenge before a rent assessment committee. Assured tenancies were introduced by the Housing Act 1988 that applies to tenancies entered from its commencement date or those assured tenancies it converted from the Housing Act 1980. The Act replaced most of the greater rent protection under the Rent Act 1977 and in rarer cases, other Rent Acts. However, since 28 February 1997, all new residential tenancies with three exceptions are deemed to be assured shorthold tenancies.''Commercial Property'': Part III - Residential Tenancies, P. Butt, College of Law Publishing (Guildford), 2008 These exceptions are tho ...
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Protection From Eviction Act 1977
The Protection from Eviction Act 1977 (c. 43) is an act of Parliament of the United Kingdom protecting people renting accommodation from losing their homes without the involvement of a court. Contents The act aims to protect tenants from being ejected from their homes by landlords unless a court order exists. Lodgers however can be evicted without a court order. Section 3 states that no tenant can be forcibly evicted without a court order. The purpose of this section was to prevent aggressive landlords from becoming violent. Section 3A states that there are a number of exclusions. These are primarily when a landlord resides in the same property as the tenant, or the accommodation falls within the definition of a hostel or hotel. Section 5 states that everyone classified as having a lease or a licence, must be given four weeks' notice before they are evicted. Any "notice to quit" has no effect before this time unless there has been a breach of the license conditions. The licens ...
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Council House
A council house, corporation house or council flat is a form of British Public housing in the United Kingdom, public housing built by Local government in the United Kingdom, local authorities. A council estate is a building complex containing a number of council houses and other amenities like schools and shops. Construction took place mainly from 1919 to 1980s, as a result of the Housing, Town Planning, &c. Act 1919, Housing Act 1919. Though more council houses have been built since then, fewer have been built in recent years. Local design variations exist, however all followed local authority building standards. The Housing Acts of Housing Act 1985, 1985 and Housing Act 1988, 1988 facilitated the transfer of council housing to not-for-profit housing associations with access to private finance, and these new housing associations became the providers of most new public-sector housing. The characterisation of council houses as 'problem places' was key for leading this movement of ...
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Housing Act 1988
The Housing Act 1988 (c. 50) is an act of Parliament in the United Kingdom. It governs the law between landlords and tenants. The act introduced the concepts of assured tenancy and assured shorthold tenancy. It also facilitated the transfer of council housing to not-for-profit housing associations, which was then carried out partly through the system of Large Scale Voluntary Transfer. History Under the system of protected and statutory tenancies, tenants had the right to stay in a landlord's property almost indefinitely and pass the tenancy down to relatives. The difficulties landlords could face in trying to regain possession of their property created disincentives to owners' letting properties, which along with the fact that most council houses had been sold caused a housing shortage. In 1979, a Conservative government headed by Margaret Thatcher was elected. Thatcher sought to revamp the rented sector. At the time of the Housing Act 1988's enactment, the private rented ...
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Bruton V London & Quadrant Housing Trust
is an English land law case that examined the rights of a 'tenant' in a situation where the 'landlord', a charitable housing association had no authority to grant a tenancy, but in which the 'tenant' sought to enforce the duty to repair on the association implied under landlord and tenant statutes. The effect of the case is to create the relationship of '' de facto'' landlord (who does not own a property but houses an occupier in a specific room at a rent) and tenant between the parties. Facts The council gave the London and Quadrant Housing Trust, a charitable association, a licence to use land to accommodate the homeless. For a place at Flat 2, Oval House, Rushcroft Road, in Brixton, London, Mr Bruton agreed with the trust to pay weekly rent for a flat. There was a provision that the council and LQHT had access to the property at limited times. Then he claimed he was a tenant, and the trust had an obligation to repair the flat under the Landlord and Tenant Act 1985 section 11. ...
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Arden LJ
Mary Howarth Arden, Baroness Mance, , PC (born 23 January 1947), known professionally as Lady Arden of Heswall, is a former Justice of the Supreme Court of the United Kingdom. Before that, she was a judge of the Court of Appeal of England and Wales. Early life and education Mary Howarth Arden was born in Liverpool, the daughter of Lieutenant-Colonel Eric Cuthbert Arden, of Heswall, Cheshire, a solicitor who had served with the Royal Garrison Artillery, and Mary Margaret (née Smith). Her grandfather was a partner in Gamon Arden and Co., a Liverpool firm of solicitors. Her father and brother, Roger, joined the family firm which merged with Hill Dickinson in 2007. She was brought up in south Liverpool and educated at Huyton College. She read law at Girton College, Cambridge, where she gained a starred first and an LLM, and an LLM degree at Harvard Law School in 1970 as a Kennedy Scholar. Career She was called to the bar at Gray's Inn in 1971, and joined Lincoln's Inn in ...
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