Home Page > Property Law Library > Residential tenancies > Rent Act 1977

Home Page
Contact
Editorial Team

Anti-social behaviour
Assured tenancies
Assured shortholds
Boats
Housing disrepair claims
Homeless persons
Human rights
Introductory tenancies
Licences - Bruton Tenancies
Neighbouring Noises
Notice to quit
Proceeds of crime
Reform
Rent Act 1977
Rent books
Right to buy
Secure tenancies
Tenancy deposit
Tenant's notice to quit
Tolerated trespassers
Unfair contract terms
Unlawful eviction

Current page






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 regime
  • Losing protection on grant of assured shorthold

Access by L to carry out works

Akram v Adam
[2002] EWCA Civ 1679; [2003] HLR 28.

Introduction

Under s116 of the Rent Act 1977 a county court may make an order in respect of a statutory tenancy that allows the landlord to enter and carry out works. However, such an order can only be made where the works are specified in one of a number of specifically listed grants (subs(3)).

Facts

In this case L wanted to carry out certain works so as to convert Ts room into a self-contained unit that would provide T with suitable alternative accommodation within s98(1). However, there was no grant application. Nor did the judge consider the question of interim accommodation as required by subsection (4).

Decision

Hence, the judge had no power to make an order under s116 and his purported order was of no effect. It is not possible to make an order under s98(1)(a) (suitable alternative accommodation) requiring T to move out so that the works can be done because under that section the courts only power is to make an order for possession if the suitable alternative accommodation is available at the date of the order or will be available when it will take effect.


Fair rents

Article: "Not a fair explanation" by Sandi Murdoch - Explanation of R (on the application of Wolters (London) Ltd v London Rent Assessment Committee [2003] EWHC 1465 (Admin); [2003] 41 EG 180 and the way fair rents are to be calculated. (Estates Gazette, 1 November 2003, p167)


Mixed use premises

Tan v Sitkowski
[2007] EWCA Civ 30.

Where premises were let (after the Rent Act 1965 came into force) for mixed business and residential use the premises were not "let as a separate dwelling" within s1 of the 1977 Act. The tenancy was not therefore protected. The tenant cannot, simply by unilaterally ceasing ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

Existing members, to login click => here
If you have found this page useful, you may be interested in the following:

Options
Free Summaries £nil
Full Membership From £207 + VAT (1 year)