The Housing Law Website

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Secure Tenancy | Introductory Tenancy | Demoted Tenancy | Non-Secure Tenancy | Assured Tenancy | Shorthold Tenancy | NTQ
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Recent Cases and Legislation

 

Housing Law Updates

New Legislation

Click on the links below to see recent cases in each area of law:

 

New Family Intervention Tenancies

On 1 January 2009 Family Intervention Tenancies came into force (pursuant to s.297-298 HRA 08).

This form of tenancy is available to LA's and RSL's and may be used to grant limited security to tenants who have previously caused anti-social behaviour. The tenancy may be terminated by a simple Notice to Quit. LA's must operate a review procedure.

 

 

New Pre-Action Protocol for Mortgage Possession Claims

On 19 November 2008 a new pre-action protocol for mortgage possession claims came into effect

For a copy of this protocol see:
http://www.justice.gov.uk/civil/procrules_fin/contents/protocols/prot_mha.htm

New Tenancy Deposit Scheme in Operation

On 6 April 2007 , sections 212-215 and Schedule 10 of the Housing Act 2004 are brought into operation. Accordingly, from this date, all deposits (up to the level of £25,000) taken by landlords for Assured Shorthold Tenancies must be protected by a tenancy deposit scheme.

There are two types of Scheme, Custodial and Insurance:

Custodial Scheme:
The deposit is paid to the landlord and is passed on to an independent administrator who holds it in a special account – this scheme is free to use

Insurance Scheme:
The deposit is paid to the landlord who retains the money and pays a premium to an insurer so as to guarantee the deposit.

See www.comunities.gov.uk/tenancydeposit for full details of these schemes; however, in brief, the new regime will apply as follows:

  • The legislation only applies to Assured Shorthold Tenancies; however, these provisions cannot be contracted out of;
  • Landlords cannot side-step the rules by seeking a deposit in non-monetary form;
  • The Landlord must give prescribed information to the tenant as to what has been done with the deposit within 14 days of receipt;
  • Following termination of the tenancy, the Landlord can keep all or part of a deposit if they can demonstrate financial loss arising from the actions of the tenant. If the parties agree on how much of the deposit is to be returned, repayment must be made within 10 days. If the parties cannot agree, the schemes offer a free dispute resolution service;
  • Failure to comply carries significant sanctions, including: repayment of the deposit at three times its original value, and an inability to serve a s21 Notice to terminate the tenancy.

 

New Pre-Action Protocol for Possession Claims based on Rent Arrears

On 2 October 2006 this new Protocol for Possession Claims based on Rent Arrears came into effect; this complements the recent Protocol for Housing Disrepair Cases. The new Protocol applies to residential possession claims by social landlords (such as local authorities, Registered Social Landlords and Housing Action Trusts) which are based solely on claims for rent arrears. The protocol does not apply to claims in respect of long leases or to claims for possession where there is no security of tenure.

As with the other Protocols, courts will take into account whether it has been followed when considering what orders to make.

Click here for the new Pre-Action Protocol

New Form N28A Order for Possession (rented premises)(postponed)

As a result of the fallout following the cases of Harlow DC v Hall and Bristol CC v Hassan, a new Form N28A Order for Possession (rented premises)(postponed) has been added to Table 1 in the Civil Procedure Rules PD 4.

 

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