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Landlord and Tenant (General)

 

This section contains material on a number of different landlord and tenant matters. The topics covered can be seen in the contents box on the left. There are also separate specialist landlord and tenant sections in the Update Library on:

Unlawful eviction

Damages under s27 of the 1988 Act Eviction whilst tenant in prison Kalas v Farmer [2010] EWCA Civ 108 Summary T was entitled to damages for unlawful eviction when L had sold the property to a third party with vacant possession while T was incarcerated in prison. Facts...

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Notice to quit

One more chance No new tenancy Fareham Borough Council v Miller [2013] EWCA Civ 159 Summary L had terminated T-s non-secure tenancy by service of a notice to quit following anti-social behaviour by him and others occupying his property. Although L had given T one more...

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Tenant’s notice to quit

Served by one of only two joint tenants Sims v Dacorum Borough Council[2014] UKSC 63A secure tenancy can be brought to an end by one of two joint tenants serving a notice to quit. That was held to be the position in Hammersmith and Fulham v Monk [1992] AC 478 and was...

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Secure tenancies

This page contains material on: Business tenancies to residential tenancies - secure? Exemption - family housed under Children Act Misrepresentation inducing a tenancy Only or principal home Notice to quit served by one joint tenant Reasonableness Succession Suitable...

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Rent Act 1977

This pages contains material dealing with Access by landlord to carry out works Mixed use premises Obtaining possession by misrepresentation Statutory tenancy - requirement of occupation Succession Suitable alternative accommodation Transition to assured tenancy...

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Introductory tenancies

This pages deals with three cases on the review of decisions not to continue the tenancy and service of the appropriate notice - s128 and s129 of the Housing Act 1996. The first with the time for the review and the second with whether or not it is possible to have a...

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Disrepair claims

There are five pages in this section, dealing with some cases on liability, damages and costs - see contents on the left. Pre-action protocol Pre-action Protocol for Housing Conditions Cases Housing disrepair claims are governed by a specific Pre-Action Protocol,...

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Assured tenancies

This page contains information on the following matters. Section 8 notices - address - agents Section 8 notices - reasonable recipient test Section 8 notices - dispensing with requirement of notice Acceptance of rent after an order for possession Meaning of "dwelling"...

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Assured shortholds – s21 notices

This page contains details of some more recent material dealing with s21 notices: Gas safety certificates - Trecarrell House Section 21 notice can't be served by head landlord during mesne tenancy Starter tenancy - break clause - 6-month rule Tenancy Fees Act -...

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