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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Residential Tenancies
This section of the site contains material on landlord and tenant law that is specific to residential occupation of premises (including boats and mobile homes).
To go to the information that is of interest to you click on the relevant link in the contents section on the left, or the dropdown menu above.
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,...
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"...
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 -...
Licences
Alms house Tenancy or licence Watts v Stewart [2016] EWCA Civ 1247 Summary The Court of Appeal dismissed an appeal against an order for possession brought by the occupant of an almshouse on grounds including that she occupied under a periodic tenancy, which had not...
Boats
Assured tenancy? Houseboats not protected Mew v Tristmire Ltd [2011] EWCA Civ 912 Summary Houseboats resting on wooden platforms had not become annexed to land. The occupiers of the houseboats were not therefore assured tenants for the purposes of the Housing Act...
Proceeds of crime
Receiver not entitled to possession against protected tenants B v N [2009] EWHC 2884 (Admin) Summary A receiver appointed under the Criminal Justice Act 1988 could only obtain possession against assured shorthold tenants by following the procedure set down by the...
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...
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...
Right to buy
Council delays purchase transaction Sums to be credited to premium payable - housing benefit counts as rent Hanoman v London Borough of Southwark [2009] UKHL 29 Summary Housing benefit amounted to payment by a tenant to the landlord for the purposes of s153A and B of...