News 4
Q&As
Does the Housing Act 1988 operate to make a long residential lease an assured shorthold tenancy if the rent exceeds £250 a year either at the outset or during the term of the lease?
As stated in Q&A: Could a lease which is a long lease be subject to the grounds for possession under the Housing Act 1988 by virtue of the ground rent rising in excess of £1,000 after a comparatively short period of time? If so, would a clause be effective which provides that even in the event that the lease is an assured tenancy at any time and there are ground rent arrears, the landlord cannot rely on ground 8 to recover possession?:
‘The requirements for an assured tenancy (AT) (including an assured shorthold tenancy) are set out in section 1 of the Housing Act 1988 (HA 1988). This provides:
“A tenancy under which a dwelling-house is let as a separate dwelling is for the purposes of this Act an assured tenancy if and so long as–
(a) the tenant or,
To view the latest version of this document and thousands of others like it,
sign-in with LexisNexis or register for a free trial.
Related documents:
- Tenant Fees Act 2019—check-out challenge fails (Switaj v McClenaghan)
- Amendment of possession claim to add absolute ground is allowed (Hajan v Brent LBC)
- Depositing Sense (Lowe v The Governors of Sutton’s Hospital In Charterhouse)
- Return of a tenancy deposit by uncashed cheque (Richworth Ltd v Billingham)
Q&As 8
- For the purpose of seeking possession of a property let on an assured shorthold tenancy following se...
- If an energy performance certificate was not in place on the grant of a post 1 October 2015 assured...
- Does a section 21 notice need to be signed to be valid? The landlord's name is stated, but there is...
- In the case of a joint assured tenancy that has become periodic, where one tenant has moved out and...
- Does a landlord need to have a minimum amount of time remaining on their own lease or reversionary i...
- Can one joint tenant of an assured ahorthold tenancy (AST) which has become a statutory periodic ten...
- In an assured shorthold tenancy the term is defined as 12 months but ‘subject to’ a separate paragra...
- Under section 1(1) of the Housing Act 1988, an assured tenancy can only apply where a tenant occupie...