Residential Tenancy in UK Law

Leading Cases
  • Harrow London Borough Council v Qazi
    • House of Lords
    • 31 Julio 2003

    The House has made it very plain, most recently in Runa Begum v Tower Hamlets London Borough Council [2003] UKHL 5, [2003] 2 WLR 388, particularly in paragraphs 9 and 49, that the administration of public housing under various statutory schemes is entrusted to local housing authorities. It is not for the court to second-guess allocation decisions. The Strasbourg authorities have adopted a very pragmatic and realistic approach to the issue of justification.

    I wish to reserve my opinion as to whether it would be open to the tenant, in a wholly exceptional case, to raise these issues in the county court where proceedings for possession were being taken following the service of a notice to quit by the housing authority, bearing in mind as Lord Millett points out that its decision to serve the notice to quit would be judicially reviewable in the High Court so long as the application was made within the relevant time limit.

    Article 8 was intended to deal with the arbitrary intrusion by state or public authorities into a citizen's home life. It was not intended to operate as an amendment or improvement of whatever social housing legislation the signatory state had chosen to enact. There is nothing in Strasbourg case law to suggest the contrary.

  • Uratemp Ventures Ltd v Collins
    • House of Lords
    • 11 Octubre 2001

    The words "dwell" and "dwelling" are not terms of art with a specialised legal meaning. They are ordinary English words, even if they are perhaps no longer in common use. They mean the same as "inhabit" and "habitation" or more precisely "abide" and "abode", and refer to the place where one lives and makes one's home.

  • Poplar Housing and Regeneration Community Association Ltd v Donoghue
    • Court of Appeal (Civil Division)
    • 27 Abril 2001

    We are satisfied, that notwithstanding its mandatory terms, section 21(4) of the 1988 Act does not conflict with the defendant's right to family life. Section 21(4) is certainly necessary in a democratic society in so far as there must be a procedure for recovering possession of property at the end of a tenancy. The question is whether the restricted power of the court is legitimate and proportionate. This is the area of policy where the court should defer to the decision of Parliament.

  • Farrell v Alexander
    • House of Lords
    • 24 Junio 1976

    But, unless the process of consolidation, which involves much labour and careful work, is to become nothing but a work of mechanical convenience, I think that this tendency should be firmly resisted; that self-contained statutes, whether consolidating previous law, or so doing with amendments, should be interpreted, if reasonably possible, without recourse to antecedents, and that the recourse should only be had when there is a real and substantial difficulty or ambiguity which classical methods of construction cannot resolve.

  • R (McLellan) v Bracknell Forest Borough Council; Reigate and Banstead Borough Council v Benfield and another
    • Court of Appeal (Civil Division)
    • 16 Octubre 2001

    It is not a preliminary question whether the tenancy has been properly terminated in accordance with its terms. It is under Article 8(2) that the question to be considered is whether an eviction was in accordance with the law, and whether it was necessary for the protection of the rights and freedoms of others.

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Legislation
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Books & Journal Articles
  • Renovations in lieu of rent in Spanish tenancy law
    • Nbr. 10-2, December 2018
    • Journal of Property, Planning and Environmental Law
    • 140-153
    Purpose: In the context of difficulties in access to housing, the Spanish Act 4/2013 introduced a new article 17.5 into the Act on Urban Leases 1994 (LAU). This paper regulates the so-called renova...
    ...... application of renovations in lieu of rent and determineswhether this new scheme,according to the current regulation, may representa true residential alternative forvulnerablepeople or if legislative reform is needed to promote its use.Keywords Housing, Spain, Renovations, Construction, Tenancy, ......
  • Helen Carr, Brendan Edgeworth and Caroline Hunter (eds), Law and the Precarious Home: Socio Legal Perspectives on the Home in Insecure Times
    • Nbr. , January 2019
    • Edinburgh Law Review
    • 144-146
    ......, which relate to contemporary debates surrounding reform of residential tenancy law across Britain and Ireland. The contributions in Part one are ......
  • Notices to Quit, Protective legislation and the Joint Tenancy Doctrine
    • Nbr. 48-4, July 1985
    • The Modern Law Review
    ...... tenant, under what is now section 2 of the Rent Act 1977, at the end of the contractual term of a residential tenancy. The rationale of both decisions was that the legislative provisions concerned created rights in personurn. Lawton L.J. ......
  • Law enforcement by Australian consumer affairs agencies†
    • Nbr. 18-3, September 1985
    • Journal of Criminology (formerly Australian and New Zealand Journal of Criminology)
    Consumer affairs agencies in Australia generally rely on conciliation rather than law enforcement. Prosecutions are rare, and when they do occur, penalties are derisory. ...
    ...... crackdown in one particular area in South Australia - residential tenancies. TABLE 2 Convictions Obtained by Consumer Affairs ... 4 19 0 0 83/84 A dash me ans data not available NT o o o 1 1 Tenancy Offences Residential tenancies convictions relate to withholding ......
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Law Firm Commentaries
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Forms
  • Chapter SDLTM12050
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......Example 1. A 10-year non-residential lease within the Landlord and Tenant Act 1954 is granted from and ...Example 2. A 10-year non-residential tenancy within the Landlord and Tenant Act 1954 is granted from and including 1 ......
  • Chapter SDLTM12010
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......Example 1. A 99-year residential lease is granted for a premium of £100,000 and annual rent of £500 on 1 ...Example 2. A 1 year residential shorthold tenancy is granted for a rent of £600 per month on 1 July 2015. This lease is not ......
  • Chapter PIM1096
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ...... example where an advance of rent is paid by a student for a residential tenancy where they are unable to provide a guarantor. Where the period ......
  • Claim possession of a property located wholly in England (accelerated procedure)
    • Court and tribunal forms
    County Court forms including the N1 money claim form.
    ......(Accelerated procedure). (Assured shorthold tenancy other than a demoted tenancy). Is the property you are claiming possession ...and Housing Act 1989 (at the end of a long residential tenancy)?. Yes. No. Page 7. 10. A notice in writing (under s.21 of the ......
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