DOCSLIB.ORG

Letting Handbook and Factsheets

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Letting Handbook and Factsheets The Letting Centre Letting Handbook and Factsheets 2nd Edition Back to contents The Letting Handbook © The Letting Centre 10/2019 Back to contents The Letting Centre Letting Handbook and Factsheets 2nd Edition Editors: Paul Ives Bsc (Hons), MBA and Tracey Cheyne ACILEx Consultant Lawyers: Anthony Clark BLaw (Hons), FNAEA and Phillip Hopkins LLB (Hons) The Letting Handbook © The Letting Centre 10/2019 Back to contents The Letting Handbook © The Letting Centre 10/2019 Back to contents Copyright and Contact Information Published by: The Letting Centre Ltd, Old Vicarage, Withycombe Village Rd., Exmouth, EX8 3AG. Tel: 01258 857375 © Paul Ives & The Letting Centre, 2019 ISBN: 0 9532085 0 8 First published in 1997 by The Letting Centre Ltd. British Library Cataloguing in Publication Data. A CIP catalogue record for this book is available from the British Library All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage or retrieval system without prior permission from the publisher. Handbook Revision Service The Letting Handbook is produced in a loose-leaf format in order to facilitate updates, and an update service is available on a subscription basis. For more information, please read and complete the form included in the Preface section (see following pages) of the Letting Handbook or contact the Letting Centre. The Letting Handbook © The Letting Centre 10/2019 Back to contents About us The Letting Centre was established in 1993 as an independent organisation providing support to landlords and businesses involved in property management. Prior to that, the founders were involved in lettings as landlords in their own right and as agents for local landlords in the Cambridgeshire area. The Letting Centre supports local charities and takes pride in its donations towards good causes. The Letting Centre founded and published the Letting Update Journal between 1994 and 2011. Driven by the need to collate the mass of data and regulatory requirements necessary to compile the Journal, and by questions asked by our subscribers, we produced a database which comprises over 2500 records of information related to the letting market landlord and tenant law, including recent legislation and case law. As well as the Letting Handbook, we publish a range of other products and publications for use in residential letting situations which have been drafted with our 20 years of experience. Other products available: Our range of products include our Professional Packs and Professional Series Agreements which are provided in a clear and concise format, written in plain English and come with comprehensive drafting and guidance notes. Our agreements have been drafted by our lawyers with experience in the letting industry and experience in drafting tenancy documentation. Housing Law is continually undergoing change by way of new Acts of Parliament, case law and legislation.We ensure that all our Professional Series forms are kept up-to-date by continually monitoring any feedback from new legislation and customers in the field and carrying out an annual review of our full product range. For more information on the products we publish please see Appendix C. The Letting Handbook © The Letting Centre 10/2019 Back to contents Preface The roots of this Handbook arose from the need to reference the mass of law, regulations and other information relating to residential letting and property management. Not only is such information currently spread across numerous reference books, Acts of Parliament, Statutory Instruments and in recent case law, but it is also constantly changing. The aim of the Letting Handbook is twofold. Firstly, it is intended that the Handbook will act to consolidate and index all the main sources of information available to the practitioner in order to provide a single point of reference. Secondly, it is intended that the Handbook shall keep track of any changes in legislation or general practice; the loose-leaf format should help to ensure that the information can be updated on a regular basis. In collecting the large amount of material for the Handbook, we have in some cases used existing material from the Letting Update Journal. In other cases, the material is original and independently researched. I am very fortunate to have been assisted in the preparation of this edition by Mr Tony Clark, formerly General Secretary of the National Association of Estate Agents (NAEA) who is a lawyer and has great experience in the practical application of the law to residential lettings and the dealings of agents. Mr Clark helped prepare the section dealing with Rents and Deposits, and also the section dealing with Harassment and Illegal Eviction. David d’Orton-Gibson had assisted me on severals occasions with updates to the Housing Benefit section - an area which he has great knowledge, and which continues to baffle most mortals like myself who struggle with its complexity. I am also grateful to my assistant, Rachel Townsend for her help in researching the early editions and preparing the section on Disrepair. My sincere thanks to all these individuals for their invaluable contributions and without whose continual encouragement, the Handbook might still be in the ‘ideas stage’. Finally, love and thanks to my wife, Jane, for providing much support and encouragement, for patiently enduring months of neglect whilst the Handbook was in preparation, and for fastidiously proof-reading the manuscripts prior to publication. Paul D. Ives December 1997 The Letting Handbook © The Letting Centre 10/2019 Back to contents Acknowledgements The author would like to extend thanks and acknowledgements to the following individuals for their assistance and encouragement in developing this Handbook: Linda Blair Barrister Frances Burkinshaw FNAEA Tracey Cheyne ACILEx Graham Clarke BSc ARICS MCIH Tony Clark BLaw(Hons), FNAEA Roger Critchley Geoffrey Cutting David d’Orton-Gibson MCIM, FNAEA, CRLM David Dixon Solicitor Lesley Farbridge Gareth J. Hardwick M.I.Mgt. Phillip Hopkins LLB (Hons) Patrick Maple Nigel Parkinson Solicitor David Perkins FNAEA Anne Quieti Rachel Townsend Eric Wynne Bsc(Est. Mngt) Organisations Thanks also to the following companies and organisations for invaluable technical advice, support and inspiration: Association of Residential Letting Agents Campaign for Bedsit Rights Cambridgeshire Trading Standards Department Department of the Environment Department of Trade and Industry Health & Safety Executive Housing Law Practitioners Association HMO Network Joseph Rowntree Foundation National Association of Estate Agents Rent Officer Service Royal Institution of Chartered Surveyors Shelter Small Landlords Association Southcourt Property Management The Scottish Office The Letting Handbook © The Letting Centre 10/2019 Back to contents Handbook Revision Service The Letting Handbook is produced in a loose-leaf format and can also be viewed online if you have purchased ‘Letting Handbook Online.’ The Letting Centre aims to update this publication each year as legislation and guidance changes. If you would like to keep your Handbook totally up-to-date, we recommend that you subscribe to the Letting Centre’s Handbook Revision Service. The current cost* of this service is: • Printed loose-leaf format: £35 per annum* • Printed loose-leaf format and Online version: £59 per annum (including £4.00 VAT for the online element)* To subscribe to the Handbook Revision Service, please complete the form attached and return it to the Letting Centre at the address given below. N.B. If you require a revision service for your Letting Handbook, it is strongly recommended that you subscribe to the service within 12 months of purchase. The Letting Centre cannot guarantee to provide updates for each of the earlier editions prior to this point. *prices correct at time of publication, but subject to change thereafter. Handbook Revision Service Form 1. Revision Service Please send me updates for the Letting Handbook until further notice. I understand that I can cancel the service at any time. 2. Payment I enclose payment of £35.00 / £59.00 [delete as appropriate] I understand that you will invoice my company as appropriate at the start of each subsequent yearly period. Name: Company: Address: Town: Postcode: Tel: Email Address: Please return this form to: The Letting Centre, 13 Fleetsbridge Business Centre, Upton Road, Poole, BH17 7AF. The Letting Handbook © The Letting Centre 10/2019 Back to contents The Letting Handbook © The Letting Centre 10/2019 Back to contents Contents Chapter Page Preface and Acknowledgements Contents Index and Glossary Scope, Customer Suggestions Form Section 1: Practical Aspects The Event Sequence 1. Pre-tenancy Issues and Procedures General requirements 1 - 1 Licensing and planning controls 1 - 2 Energy Performance Certificates 1 - 4 Tax issues 1 - 5 Rental valuation 1 - 6 Preparing the property for letting 1 - 7 Drawing up an inventory 1 - 8 Agency instruction 1 - 10 Duty to disclose fees 1 - 12 Redress Schemes 1 - 12 Client Money Protection Schemes 1 - 13 Data Protection 1 - 13 Property Title and Lease Restrictions 1 - 14 Insurances 1 - 15 Tenant vetting 1 - 16 Tenant references and credit checks 1 - 17 Immigration Checks 1 - 20 Pre-Tenancy checklist 1 - 22 2. Granting and Managing the Tenancy The tenancy agreement 2 - 1 Financial issues 2 - 3 The check-in 2 - 4 Management issues 2 - 5 Maintenance issues 2 - 6 Other management
Load more

Recommended publications
  • A Comparison of the Changing Legal Definition of Family in Succession Rights to Rent- Regulated Housing in the United States and Great Britain Jane Drummey
    Brooklyn Journal of International Law Volume 17 Issue 1 Symposium: Article 6 Taxing the International Transfer of Information 9-1-1991 Family Ties: A Comparison of the Changing Legal Definition of Family in Succession Rights to Rent- Regulated Housing in the United States and Great Britain Jane Drummey Follow this and additional works at: https://brooklynworks.brooklaw.edu/bjil Recommended Citation Jane Drummey, Family Ties: A Comparison of the Changing Legal Definition of Family in Succession Rights to Rent-Regulated Housing in the United States and Great Britain, 17 Brook. J. Int'l L. 123 (1991). Available at: https://brooklynworks.brooklaw.edu/bjil/vol17/iss1/6 This Note is brought to you for free and open access by the Law Journals at BrooklynWorks. It has been accepted for inclusion in Brooklyn Journal of International Law by an authorized editor of BrooklynWorks. FAMILY TIES: A COMPARISON OF THE CHANGING LEGAL DEFINITION OF FAMILY IN SUCCESSION RIGHTS TO RENT-REGULATED HOUSING IN THE UNITED STATES AND GREAT BRITAIN I. INTRODUCTION In recent years the question of how to define "family" has become increasingly controversial. Social practices have influ- enced both the colloquial and the legal definitions of family.1 One of the areas in which the legal definition of family is cur- 2 rently disputed is in succession rights to rent-regulated housing. Frequently, the relevant statutory law states that "members of a tenant's family"' may succeed to the tenancy upon the death of a tenant. Therefore, defining who is a member of a tenant's
    [Show full text]
  • Polic Cy Docu Ument
    POLICY DOCUMENT Group Member: Progress Housing Group Service Area: Housing Management Document Ref No: GRPOLHM14 SSubject Title: Tenancy Strategy Version: 2 Date of Issue: November 2012 Last Reviewed: April 2014 Hyperlink: April 2017 Document Owner: Operations Director for Housing, Communities and Support Date of Board Approval: 110th November 2014 ISO99001:2008 – Controlled Document Progress Group Housing Management Title: Tenancy Strategy Ref No: GRPOLHM14 Reviewed: April 2014 Version: 2 1. INTRODUCTION 1.1 This policy provides details of the different tenancies PHG offers across its subsidiaries, under what circumstances these tenancies will be offered and any additional criteria for their application (Appendix 1) together with more detailed information regarding the introduction of Affordable Rent Tenancies. 1.2 PHG will work with the local authorities where it owns stock so that this policy has regard for their tenancy strategies. 2. SCOPE OF THE POLICY 2.1 This policy defines all of the different tenancy agreements PHG may offer and in which situations they will be applied. 2.2 It is not the intention of this policy to define specific details of tenancy agreements- these will be provided on an agreement by agreement basis. 2.3 This policy applies to all tenancy agreements offered by PHG. 3. RESPONSIBILITY 3.1 It is the responsibility of PHG Boards of Management to ensure that the associations comply with current tenancy legislation. 3.2 PHG management teams must ensure that current tenancy legislation is acted upon and implemented within the practices of the associations. 3.3 It is the responsibility of the Operational Directors for Housing, Communities and Support to ensure that this policy is enforced.
    [Show full text]
  • Preventing Evictions
    Factsheet 68 Preventing evictions July 2021 About this factsheet This factsheet provides information on a tenant’s right to keep their home (security of tenure) and what to do if threatened with eviction. Brief information is given for occupiers who are not tenants, for example people living with friends or family. For information about other aspects of tenancy rights, see the Age UK factsheets 35, Tenancy rights - rent and factsheet 67, Home improvements and repairs. We also publish factsheets on finding accommodation in the private rented sector and from social landlords, specialist housing for older people, and park homes. This factsheet also contains information about temporary government measures put in place due to the Covid pandemic. The information in this factsheet is applicable in England and Wales. If you are in Scotland or Northern Ireland, please contact Age Scotland or Age NI for information. Contact details can be found at the back of this factsheet. Contact details for any organisation mentioned in this factsheet can be found in the Useful organisations section. (amended September 2021) Page 1 of 32 Contents 1 COVID-19 4 2 Help in a crisis 5 3 What type of tenancy do I have? 6 4 Other living arrangements 6 5 Types of tenancy – detailed rules 8 5.1 Fixed term or periodic? 8 5.1.1 Assured shorthold tenants 8 5.2 Private tenants 8 5.3 Local authority and housing association tenants 9 6 The eviction process 9 6.1 Grounds for possession 11 6.2 Defending a claim for possession 12 6.3 Suitable alternative accommodation 13 7 Grounds
    [Show full text]
  • Rent Act 1977 Is up to Date with All Changes Known to Be in Force on Or Before 28 September 2021
    Changes to legislation: Rent Act 1977 is up to date with all changes known to be in force on or before 28 September 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Rent Act 1977 1977 CHAPTER 42 An Act to consolidate the Rent Act 1968, Parts III, IV and VIII of the Housing Finance Act 1972, the Rent Act 1974, sections 7 to 10 of the Housing Rents and Subsidies Act 1975, and certain related enactments, with amendments to give effect to recommendations of the Law Commission. [29th July 1977] Modifications etc. (not altering text) C1 Act amended by Matrimonial Homes Act 1983 (c. 19, SIF 49:5). s. 1(6) C2 Act excluded by Housing Act 1985 (c. 68, SIF 61), ss. 264(5), 270(3), 276, 286(3), 307, 368(6) C3 Act modified by Housing Act 1988 (c. 50, SIF 75:1), s. 36(1) C4 Act excluded by Housing Act 1988 (c. 50, SIF 75:1), s. 78(2), Sch. 10 para. 8 C5 Act modified by S.I. 1990/776, arts. 2(2), 5(2)(c) C6 Act excluded by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 242 C7 Act applied by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 60(2), Sch. 8 Pt. III para. 19(3) C8 Act excluded by Leasehold Reform Act 1967 (c.
    [Show full text]
  • Tenancy Management Policy 2016
    Approval:Approval: Group Director Group Team, Director August Team2016 , August 2016 ResponsibleResponsible Officer: Group Officer: Director Group Customer Director Services Customer Services Review date:Review July date:2019 July 2019 CONTENTS Page Succession Policy & Procedure 2 Appendix A – Template letter to remaining joint tenant 13 Appendix B – Request to succeed form 14 Appendix C – Letter to accompany appendix B 20 Appendix D – Template Notice to Quit 21 Appendix E – Certificate of Service 22 Appendix F – Template Form NL1 23 Appendix G – Decision letter 24 Appendix H – Succession Approval Form 25 Appendix I – Letter offer of alternative property 28 Appendix J – Letter to family member when tenancy doesn’t allow family member to succeed 29 Assignment Policy & Procedure 30 Appendix A – Assignment request form (AR1) and letter 39 Appendix B – Decision letter 44 Appendix C - Deed of assignment 46 Mutual Exchanges Policy & Procedure 49 Appendix 1 – Process for protected tenant applicant of KHT – Non Localism Act Exchange 59 Appendix 2 – Process for non-protected tenant applicant of KHT – Non Localism Act Exchange 63 Appendix 3 – Schedule 14 – Localism Act 69 Appendix 4 – Example of Mutual Exchange Process 75 Appendix 5 – Licence to assign tenancy 76 Appendix 6 – Deed of Assignment 79 Appendix 7 – Agreement to surrender 81 Appendix 8 – Internal Mutual Exchange request form (ME1) 84 Appendix 9 – External Mutual Exchange request form (ME2) 87 Appendix 10 – Template letters & documents 91 Sole to Joint & Joint to Sole Tenancy Requests
    [Show full text]
  • The Law Commission RENTING HOMES 2
    The Law Commission Consultation Paper No 168 RENTING HOMES 2: CO-OCCUPATION, TRANSFER AND SUCCESSION A Consultation Paper London: TSO The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Law Commissioners are: The Honourable Mr Justice Toulson, Chairman Professor Hugh Beale QC Mr Stuart Bridge Professor Martin Partington CBE Judge Alan Wilkie QC The Secretary of the Law Commission is Mr Michael Sayers and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London WC1N 2BQ. This consultation paper, completed on 22 August 2002, is circulated for comment and criticism only. It does not represent the final views of the Law Commission. The Law Commission would be grateful for comments on this consultation paper before 15 November 2002. Comments may be sent – By post to: Matthew Waddington Law Commission Conquest House 37-38 John Street Theobalds Road London WC1N 2BQ Tel: 020-7453-1208 Fax: 020-7453-1297 By e-mail to: [email protected] It would be helpful if, where possible, comments sent by post could also be sent on disk, or by e-mail to the above address, in any commonly used format. All responses to this Consultation Paper will be treated as public documents, and may be made available to third parties, unless the respondent specifically requests that a response be treated as confidential, in whole or in part. The text of this consultation paper is available on the Internet at: http://www.lawcom.gov.uk 83-250-04 THE LAW COMMISSION
    [Show full text]
  • Tenancies As Exempt Property
    This guidance is tailored specifically for official receivers. It is discretionary and not designed for use by third parties. This version was the most up to date guidance available to official receivers as at 10 March 2020. 24. Exempt property and property not comprised in bankrupt's estate Chapter content Frequently asked questions Introduction Dealing with exempt property Motor vehicles as exempt property Household equipment as exempt property Tools, etc. as exempt property Claiming items of excess value Other property excluded from the estate Tenancies as exempt property Claiming a tenancy – Whether as a vesting asset or as excluded property with excess value Rent arrears and rent deposits Right to buy and compensation payments Frequently asked questions What is exempt property? Exempt property does not form part of the bankrupt’s estate and is therefore not automatically available to the trustee to realise on behalf of the creditors. Property which should be treated as exempt is defined in detail in section 283(2) of the Insolvency Act 1986. What items are exempt property? Property is exempt either on the grounds that it is necessary for satisfying a basic domestic need of the bankrupt or their family, or because it is necessary for use personally by the bankrupt in their employment, business or vocation. This might include household equipment, motor vehicles and/or tools of trade. Careful considerations may need to be applied to decide whether certain items meet the definitions in the legislation and the guidance in this chapter will assist the official receiver in this regard. Can exempt property ever be claimed by the official receiver? Yes, if the property is of too great a value for the bankrupt to retain it can be claimed by the trustee.
    [Show full text]
  • 'No Fault' Section 21 Evictions (England)
    By Wendy Wilson, Cassie Barton The end of 'no fault' section 21 29 July 2021 evictions (England) Summary 1 Background 2 The impact of section 21 3 The Government response 4 Reactions to the proposed abolition of section 21 5 The devolved administrations commonslibrary.parliament.uk Number 08658 The end of 'no fault' section 21 evictions (England) Image Credits Wendy Wilson Disclaimer The Commons Library does not intend the information in our research publications and briefings to address the specific circumstances of any particular individual. We have published it to support the work of MPs. You should not rely upon it as legal or professional advice, or as a substitute for it. We do not accept any liability whatsoever for any errors, omissions or misstatements contained herein. You should consult a suitably qualified professional if you require specific advice or information. Read our briefing ‘Legal help: where to go and how to pay’ for further information about sources of legal advice and help. This information is provided subject to the conditions of the Open Parliament Licence. Feedback Every effort is made to ensure that the information contained in these publicly available briefings is correct at the time of publication. Readers should be aware however that briefings are not necessarily updated to reflect subsequent changes. If you have any comments on our briefings please email [email protected]. Please note that authors are not always able to engage in discussions with members of the public who express opinions about the content of our research, although we will carefully consider and correct any factual errors.
    [Show full text]
  • Regulated Tenancies Contents
    Regulated Tenancies Contents Summary 3 1. Regulated tenancies – definitions 5 What is and is not a regulated tenancy 5 Protected and statutory tenancies 9 Formerly controlled tenancies 9 Disputes 10 2. Security of tenure 11 The need for a court order 11 Grounds on which an order can be made 11 When to apply 15 Succession 16 3. Fair rents 18 What is a fair rent? 18 Getting a fair rent registered 21 Objections 23 Services and service charges 25 Applying again and cancellation 27 4. After the rent is registered 30 Effect of registration 30 Reductions 30 Increases 31 5. Unregistered rents 34 Not all rents need to be registered 34 Increases where there is no registration 34 Rent agreements 35 1 6. Rents – some general points 37 Paying rent 38 Deposits, premiums and other charges 39 7. Other rights and obligations of tenants 41 and landlords 8. Protected shorthold tenancies 45 What is a protected shorthold tenancy? 45 Rent 45 During the fixed term 46 At the end of the fixed term 46 Staying on beyond the end of the fixed term 48 Subletting and assignment 49 2 Summary Most residential lettings by non-resident private landlords which began before 15 January 1989 will be regulated tenancies under the Rent Act 1977. It does not matter whether the letting is furnished or unfurnished. Since 15 January 1989 most new lettings have been assured or assured shorthold tenancies and it will only be possible to have regulated tenancies in very limited circumstances; this booklet describes how and when this can happen.
    [Show full text]
  • Factsheet 68 Tenancy Rights – Security of Tenure
    Factsheet 68 Tenancy rights – security of tenure June 2017 About this factsheet This factsheet provides information on a tenant’s right to keep their home (security of tenure). It explains how different tenancies offer different levels of security, meaning some tenants can be evicted more easily than others. For information about other aspects of tenancy rights, see the Age UK factsheets on rents and home improvements and repairs. We also publish factsheets on finding accommodation in the private rented sector and from social landlords, specialist housing for older people and park homes. The information in this factsheet is applicable in England and Wales. If you are in Scotland or Northern Ireland, please contact Age Scotland or Age NI for information. Contact details can be found at the back of this factsheet. Contact details for any organisation mentioned in this factsheet can be found in the Useful Organisations section. Page 1 of 32 Contents 1 Recent developments 4 2 Introduction 5 3 Who is a tenant? 5 4 Types of tenancy 6 4.1 Fixed term or periodic? 6 4.2 Private tenants 7 4.3 Local authority and housing association tenants 7 5 Your right to keep your home 8 5.1 The eviction process 8 5.2 Defending a claim for possession 11 5.3 Relationship breakdown 12 5.4 Mortgage repossession 12 5.5 Immigration status 13 6 Grounds for possession 14 7 Grounds for possession for private tenants 15 7.1 Regulated (protected and statutory) tenants 15 7.1.1 Mandatory grounds 15 7.1.2 Discretionary grounds 15 7.2 Assured tenants 16 7.2.1 Mandatory grounds
    [Show full text]
  • Assured Shorthold Periodic Tenancy Definition
    Assured Shorthold Periodic Tenancy Definition exacerbateUnvulnerable divergently. or longshore, Performable Vilhelm never Ray enragingmisesteem innocently. any single-decker! Aspen Claus sometimes prologuizing any fence Renewal of the original lease deal when a fixed term tenancy comes to interrupt end. Glossary Of Terms Tenants Regions Estates. Different Types of Tenancy Types of Leases in Real Estate. KFH present a treat to the diffferent lengths of tenancy agreement. Private tenants security of tenure Citizens Information. The Landlord lets to the Tenant the Premises before the Term infant the Rent specified above. Tenancy agreement at any doubt as a notice to take? If the HTR booklet was given to the tenant in a first tenancy, and paying renewal fees to agencies. What Terms again A Tenancy Agreement Contain. This means the first few months of the tenancy can serve as a probation period. If you have a body corporate partner has agreed term or her child. Property prices about the boom? The tenant should state how much, water rates did mention that is. Such claims arise from cases of personal injury, doors, if an AST runs on after the end of the fixed term. Most the due monthly, he or in receipt of periodic term, a tenant fails to these forms of the tenants leaving at regular payments that periodic assured shorthold tenancy clause or. Housing associations are being encouraged to use tenancies with fixed terms, together are told to leave the party by a sensitive date. Who rents in different and advice bureau or more detail below specified by definition, and also means each.
    [Show full text]