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| Questão | Responda |
| Describe the information which must be provided to the tenant when serving notice | There must be prescribed information with the notice. Prescribed information - How the tenancy is protected with and how they can get their deposit back at end of tenancy The tenant must be advised in the tenancy agreement that they could forfeit the property if they are in breach. |
| Explain how a landlord can seek possession of an assured tenancy | Section 8 Notice: The notice must: be in a special form include the 'grounds' your landlord is seeking possession include the earliest date your landlord can start court action MANDATORY: Ground 1 - Owner occupation (prior notice ground) Ground 2 - Repossession by lender (prior notice ground) Ground 3 - Out of season holiday let (prior notice ground) Ground 4 - Lets to students by educational institutions (prior notice ground) Ground 5 - Minister of religion (prior notice ground) Ground 6 - Redevelopment Ground 7 - Death of assured tenant Ground 7A - Antisocial behaviour Ground 7B - No right to rent Ground 8 - Serious rent arrears DISCREATIONARY GROUNDS: Ground 9 – Suitable alternative accommodation Ground 10 – Rent arrears Ground 11 – Persistent delay in rent payments Ground 12 – Breach of tenancy obligation Ground 13 – Deterioration in the condition of the property or common parts Ground 14 – Nuisance, annoyance, illegal or immoral use of the property Ground 14A – Domestic violence Ground 14ZA – Offence during a riot Ground 15 – Deterioration of furniture Ground 16 – Employee of l |
| When serving a notice under common law, what other legislation are these tenancies bound by? | Protection from Eviction Act 1977 |
| A tenant is in arrears in a fixed term contractual tenancy. They have been served notice and a court date has been given. The tenant pays cash to the landlord the day before court, which pays off the arrears. The landlord still wants to take the tenant to court because of the delay in paying. Advised the Landlord. | The landlord has to allow the tenant the opportunity to remedy the breach. However by accepting the rent they have waived their right of forfeiture. Its unlikely the landlord will get possession |
| What is the different between a statutory periodic tenancy and contractual periodic tenancy? | A statutory periodic rises when a tenancy still continues after its fixed term end date because of the provisions under section 5 of the Housing Act 1988 A contractual periodic tenancy exists when both landlord & tenant agree in contract that the tenancy will become a periodic tenancy. |
| A tenant is served notice in a periodic AST and the notice stated correctly that the notice would expire after 4 January. The tenancy, unless specified differently in the tenancy agreement, would end at midnight. You carry out a check out at 4pm with the tenant on 4 January. Have you ended the tenancy too early? Give reasons for your answer | No, because the tenant was present and agreed to the tenancy to be surrendered on this date |
| Explain how a landlord can seek possession of a common law tenancy for the following: - At the end of the fixed term | With a common law tenancy, once the fixed term finishes at the end date the property is returned back to the owners and no notice is needed to given. However should the tenants not vacate the landlord cannot unlawfully evict them. He will have seek possession through the courts as this type of tenancy is protected under common law and Protection from Eviction Act 1977. |
| Explain how a landlord can seek possession of a common law tenancy for the following: - During the term of tenancy | If there was a break clause within the tenancy, this could be activated by either party. The tenancy could also be ended by mutual agreement, with the tenant surrendering the tenancy and the landlord accepting the surrender. |
| Explain how a landlord can seek possession of a common law tenancy for the following: - During a periodic tenancy (and the notice periods required) | As per the requirements of common law and the Protection from Eviction Act 1977, tenants will need to be served with a written Notice to Quit. Minimum is 4 weeks notice (As per Protection from Eviction Act 1977) BUT it must also be served in accordance with the contract. Rent paid weekly = 4 weeks notice. Rent Paid monthly = 1 months notice Rent Paid Annually = 6 months notice If operating Break Clause, some contracts may typically state two months notice therefore two months notice is required. |
| When a ‘Notice to Quit’ is served during a periodic tenancy, what information must be included as part of the prescribed information? | - That if the tenant does not understand the notice, they should seek advise - the tenant cannot be evicted without a court order - that application to the court for possession cannot be made before the notice has expired |
| Explain how a landlord can seek possession of a common law tenancy for the following: - Because of a tenant breach (rent and others) | Rental Arrears - Activate the forfeiture clause – By serving ‘Notice of Forfeiture’ Serve ‘Section 146 of the Law of Property Act 1925’ and must include the following: - Specify the breach that has been committed - Require the tenant to remedy the breach, assuming the breach is able to be remedied - Require the tenant to make monetary compensation for the breach |
| Explain how a landlord can seek possession of an assured shorthold tenancy for the following: - At the end of the fixed term and the limitations | The landlord must serve a notice as under the provisions of Section 21(1)(b) of the Housing Act 1988 to seek possession. Form 6A of the Section 21 must be used and should include the prescribed information, deposit clause of the tenancy agreement, How to Rent Guide, Information for Tenants Leaflet, a Valid Gas Safety, A Valid EPC It can only be served after the first four months of a tenancy (when original tenancy had started) When tenant has made written complaint of the property and the landlord has not provided an adequate response or action Where the landlord has not protected the deposit or provided with prescribed information (under Section 215 of the Housing Act 2004) Where the tenant has not been provided with a EPC or Gas safety (Section 21A of Housing Act 1988) Where the tenant has not been provided with a copy of the ‘How to Rent: the checklist for renting in England’ (Section 21B of the Housing Act 1988) Landlord has 6 months from when Section 21 expires to take this to court to gain possession |
| Explain how a landlord can seek possession of an assured shorthold tenancy for the following: - During a statutory periodic tenancy (monthly and quarterly rents) and how a tenant can give notice? | All the same provisions for when serving a section 21 for a normal tenancy apply for where rent is paid every month. With the exception of below: A landlord will need to give at least two months notice A tenant can give 4 weeks notice in writing (notice to quit) Where there is a periodic tenancy where the rent is paid intervals of more than one month (e.g quarterly) The period of notice must be line with the period of term. Where rent is payable quarterly, quarter months notice; 6 months, 6 months notice; yearly, 6 months (being the maximum). The Deregulation Act 2015 introduced section 21(4E) which means possession cannot be sought until four months have passed after the date on which notice is given. |
| Explain how a landlord can seek possession of an assured shorthold tenancy for the following: - Because of a tenant breach in fixed term tenancy | A section 8 notice served in accordance to the Housing Act 1988 and Protection from Eviction Act 1977 The section 8 Notice has to prove which grounds 1-17, Schedule 2 of the Housing Act 1988 the tenant is in breach of. |
| Name three mandatory and three discretionary grounds which would have to be proven in order to serve a section 8 notice under the provisions Schedule 2 of the Housing Act 1988. Explain their difference. | There are eight mandatory grounds and 10 discretionary grounds. Grounds 1 to 8 are mandatory. Grounds 9 to 17 are discretionary. Grounds 8,10 and 11 are rental arrears. Ground 14 is nuisance. |
| How does a landlord gain possession of a property where there is an assured tenancy? | It would be by serving a section 8 notice and proving the tenant was in breach of one of the 18 grounds under schedule 2 of the Housing Act 1988. It will be much hard to gain possession for discretionary grounds for landlords/agents. |
| A tenant repeatedly falls in to rental arrears. The landlord has had enough and has approached, you the managing agent for advice. What will your advice be to him? | 1 |
| For common law tenancy explain what legislation will protect a tenant from being evicted? | Tenants and Licencess are protected under the 'Protection from Eviction Act 1977'. As long as tenants are lawful in occupation, a landlord cannot simply evict a tenant without an court order. |
| A landlord wishes to serve section 8 notice to a tenant for rental arrears. Under the terms of the tenancy agreement rent is to paid be paid quarterly. The tenant has not paid this rent in the last month. Explain what a landlord can do? | 1 |
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