Residential Tenancies Flashcards
(11 cards)
4 requirements are to met to give security of tenure of a residential tenancy. What are they?
dwelling house, let as, occupy and individual
What does dwelling house constitute as? Use a case law example to support your answer
Dwelling house is a question of fact (no statutory definition)
From Ellistone v Morris - it must be a home that cannot be easily removed, dismantled or relocated
From Uratemp v Collins - dwelling house is a place where one lives and makes one’s home. (Lord Millett).
if someone is living there = dwelling.
What does let as mean?
Use case law examples to support your answer
Let - lease not a licence
Let as - original purpose of the rental agreement to be let as
a) single
b) separate dwelling
single dwelling - is the property itself a single unit?
Langford Property v Goldrich - where two flats were simultaneously let to one family under the same tenancy, it was held to be ‘let as’ one single dwelling despite its outward appearance (because of the way the flats were used CURRENTLY).
separate dwelling - is the room a separate dwelling?
Uratemp v Collins - a dwelling doesn’t need to have facilities (eg. kitchen, living room etc.), BUT IF IT DOES, and if they are SHARED = NO SEPARATE DWELLING
s.3 and 4 of HA 1988 - if the tenant (or sub-tenant) is sharing with their landlord, it doesn’t constitute as the single and separate dwelling
What does occupy mean?
Occupation has the same meaning in business tenancies (thus requires continual presence)
Moving from Rents Act 1977 - Housing Act 1988, occupation became a lot more stricter. Occupation involves the home being their only or principle home.
What does individual mean?
cannot be a corporation or other legal person - essentially who signed the document, if its a company = no security
Where are the exclusions of protected residential tenancy found?
(in the HA 1988)
Schedule 1
What was the main mechanism of security of tenure in the Rents Act 1977?
Rent control - fair rents were not determined by scarcity
Recovery of possession - landlord had to rely on the grounds to recover possession
What was the main mechanism of security of tenure in the Housing Act 1988?
recovery of possession - a landlord cannot regain possession without a court order for possession stating the grounds of possession
Where are the grounds for possession found in the Housing Act 1988?
Schedule 2
For a fixed term AT, how can it be terminated?
- court order for possession (by relying on the grounds)
- by surrender (by the tenant themselves)
- by a power in the tenancy agreement (i.e break clause)
For a periodic AT, how can it be terminated?
seeking an order for possession by relying on the grounds in Schedule 2.
