Full Answer
What happens if you have a protected tenant?
What to say when evicting an elderly person?
Can my mother accept a new tenancy?
Has the present landlord ever had any safety checks undertaken?
Is a suitable alternative accommodation a case for eviction?
Can you force a tenant to give up his 4 bedrooms?
Is there a difference in price with a sitting tenant?
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What is a statutory tenant UK?
The statutory tenancy: once the contractual tenancy has come to an end or has been terminated, the tenancy becomes a statutory periodic tenancy; statutory because it is protected by statute law (the Rent Act 1977) and periodic because it is based on the rental period.
What is a protected tenant UK?
Protected tenancies are a type of rent-controlled tenancy. You could be a protected tenant and not be aware of this fact. If you are a protected tenant, the amount of rent that your landlord can legally charge you is restricted.
How do I evict a protected tenant UK?
Eviction of regulated tenants You can only be evicted from a regulated tenancy if your landlord gets a court order. Your landlord must prove a legal reason for eviction, such as rent arrears. The court must consider if it's reasonable to evict you. If you no longer live in the property, they must prove this in court.
Who is a statutory tenant in Nigeria?
According to Oduye v. Nigeria Airways Ltd (1987) 2 NWLR (pt 55) 126, a statutory tenant is an occupier who, after his contractual lease expires, retains possession of the property of another person against the wishes of that person, who is adamant about evicting him.
What does statutory tenant mean?
Meaning of statutory tenant in English someone who rents a property and has the legal right to stay there even after their tenancy agreement has ended: The rules for succession after the death of a statutory tenant have been changed.
How do I remove a protected tenant?
Evicting a protected tenant You can only evict a protected tenant if you have grounds to do so. The tenant may decide to leave when the notice ends. If they stay, you need to go to court to get a possession order. the discretionary grounds apply, and it is reasonable to evict the tenant.
How much notice does a landlord have to give a tenant to move out?
Terminating a tenancy However, if you do not have a fixed-term tenancy, the landlord can ask you to leave during the first 6 months without giving a reason. They must serve a valid written notice of termination and give you a minimum 90-day notice period.
Can a landlord evict you without a court order?
Your landlord doesn't need a possession order from the court to evict you, but they can get one if they choose to. You'll be trespassing if you stay in the accommodation without your landlord's permission after the notice period has ended.
Can a protected tenancy be inherited?
Right to succession When a protected tenant dies, the tenancy can pass to a family member who was living in the property at the time of the existing tenant's death. In most cases, this will be a spouse or child of the original protected tenant.
Who is a tenant at sufferance in Nigeria?
Tenancy at sufferance refers to holdover tenants of an expired lease who no longer have the landlord's permission to remain in the property, but who have not yet been evicted. The term sufferance means the absence of objection without genuine approval.
What is the difference between tenancy agreement and lease agreement?
Unlike a lease, a tenancy is exempted from registration. In this case, if a third party is buying the land or property, or creating a charge using the property, such a party may not be aware of any earlier tenancy agreement or transaction.
What is a fixed tenancy in Nigeria?
Since a fixed tenancy is always for a term certain, the relationship is deemed terminated or determined at the end of the tenancy or at the termination date contained in the tenancy agreement. The implication of this is that a landlord does not have to serve a notice to quit on a tenant to determine the tenancy.
When did protected tenancy end?
After 15 January 1989 no new Protected tenancy can be created. There are some exceptions but these are limited to existing tenants moving to a new property provided by the same landlord under very specific circumstances.
Can a protected tenancy be inherited?
Right to succession When a protected tenant dies, the tenancy can pass to a family member who was living in the property at the time of the existing tenant's death. In most cases, this will be a spouse or child of the original protected tenant.
What is the difference between an Assured Tenancy and a secure tenancy?
The difference is that the older secure tenancies provided more extensive statutory rights than the newer assured tenancy type. However, assured tenancies still offer the same benefits of security and stability, along with the same principles as secure tenancies.
How is protected tenancy created?
The Landlord Tenants Act:Shops Hotels and Catering Establishments (Cap 301) defines a controlled tenancy(commonly known as a protected tenancy) as one where: either the establishment's lease has not been reduced into writing or. where there is one, it's not for a period exceeding 5 years.
Identifying a Protected Tenancy | Housing Rights
Carmel Ferguson LLB, discusses how Housing Rights successfully helped a client who was being evicted from his home by getting his tenancy declared as protected.Practitioners will be aware that since the implementation of the Private Tenancies (Northern Ireland) Order 2006, no new protected tenancies can be created.However, there are still a number of protected tenancies in
What does Protected tenancy mean ? | Legal Choices dictionary
Definition of Protected tenancy. noun - A tenancy agreement for a house. It gives the tenant the right to a fair rent and protection from eviction as long as the terms and conditions of the tenancy agreement are kept to.
What happens if you have a protected tenant?
Protected tenants can create considerable problems for the owners of the property as you clearly realize. He has got a very secure tenancy and cannot really be forced out, unless there is a good ground ( or “cases” as defined in the Rent Act 1977). Cases 11 to 20 are Mandatory cases, so a Court would have to allow possession. I cannot see that any of these apply. We must therefore look at cases 1-10, where the Court has extensive powers. The details of each case must apply and the landlord has to prove it is reasonable that the landlord wants possession. There may be some fault on the tenants part associated with the case.
What to say when evicting an elderly person?
You make a case for eviction on the basis of “suitable alternative accommodation will be made available”. This does seem the answer to the situation, giving you what you want and a very nice place for the elderly person. It is a kind gesture, but you cannot force the tenant to give up his 4 bedrooms, with swimming pool, if he does not want to. He has lived in a large space for 43 years; if you serve him notice and it ends up in Court, I am not entirely sure that a tearful old man, making his case of 43 years residence, would not win. If he has family that come and stay with him, 1bedroom would not be a suitable alternative accommodation, because they will look at all factors.
Can my mother accept a new tenancy?
Your mother’s rights as a tenant would remain the same, provided she moved back to the property. She should not accept a new tenancy for temporary accommodation. The landlords could apply for a new fair rent, on the basis that the property has been improved, but even though an increase would probably be allowed, it is unlikely to take the rent up to market levels – it would take some years for it to reach the market level.
Has the present landlord ever had any safety checks undertaken?
The present landlord has never had any safety checks undertaken.
Is a suitable alternative accommodation a case for eviction?
As you are aware, your tenant has very good security of tenure. However, Suitable Alternative Accommodation is a case for eviction. However, if the tenant chooses not to accept the alternative accommodation you are offering, it would be up to a court to decide whether the alternative is ‘Suitable’ –factors taken into consideration would include distance from his social network, whether he has the same size garden, whether the new accommodation is close to the bus route.
Can you force a tenant to give up his 4 bedrooms?
It is a kind gesture, but you cannot force the tenant to give up his 4 bedrooms, with swimming pool, if he does not want to. He has lived in a large space for 43 years; if you serve him notice and it ends up in Court, I am not entirely sure that a tearful old man, making his case of 43 years residence, would not win.
Is there a difference in price with a sitting tenant?
There is generally a significant difference in price with a sitting tenant, and obviously, this is the figure you would expect to form part of the discount. As sitting tenants, you have good security and the right of first refusal. Therefore, get your figures in front of you and discuss fully with the trustees.
What is statutory tenancy?
A statutory tenancy continues only for as long as the tenant lives in the property (therefore it will end if the tenant attempts to sublet).
How long does a statutory tenancy last?
A statutory tenancy continues only for as long as the tenant lives in the property (therefore it will end if the tenant attempts to sublet). When the tenant dies, however, the statutory tenancy can be transmitted to his spouse if she was living in the dwelling immediately before the tenant's death. If there is no spouse, ...
Can a landlord terminate a statutory tenancy?
A landlord can terminate a statutory tenancy only by obtaining a court order for possession. Statutory tenancies are being phased out as no new protected tenancies can be created after the Housing Act 1988. See assured tenancy. From: statutory tenancy in A Dictionary of Law ». Subjects: Law.
What is the transfer of property?
Here, the Transfer of Property Act comes into play. It is a transfer of a right to enjoy property by the lessor/owner in favour of the lessee, so much so that, unless there is a contract or a local usage to the contrary, a lessee can assign, sub-lease, mortgage, or part with his interest in the property. A lessee does not live under the fear that, on the grounds of bona fide requirements his lessor will have him evicted from the premises. He breathes freer air. It is not unusual to come across leases for a term of 100 years or even in perpetuity. There is precious little that an owner can do once he has leased out his property.
What is a lessee's right to enjoy property?
It is a transfer of a right to enjoy property by the lessor/owner in favour of the lessee, so much so that, unless there is a contract or a local usage to the contrary, a lessee can assign, sub-lease, mortgage, or part with his interest in the property.
Can a statutory tenant be a bequest?
A statutory tenant pays a nominal rent. Upon his death, any relative residing with him at the time of his demise steps into the former’s shoes by law. No testamentary bequest can be made by the tenant in respect of his tenancy rights nor can he transfer, mortgage, sub-let, give on license basis, or otherwise part with his tenancy rights. A tenancy is a creation of the statute and lives as well as falls as by the provisions thereof. Any transgression may cost a tenant dear.
Why are there lots of miscellaneous landlord-tenant statutes?
There are also lots of miscellaneous landlord-tenant statutes that are worth addressing, primarily because they are often the subject of dispute. For example, there is a lot of variation between states when it comes to landlord entry into an occupied unit.
What rights do landlords have?
Landlords also have certain rights, such as the right to timely rent payments and for reimbursement of costs for property damage beyond normal wear and tear. Note: these rights exist regardless ...
What happens if a landlord fails to comply with a warranty of habitability?
If a landlord fails to comply with or breaches the warranty of habitability, the tenant is afforded certain remedies to compel the landlord to comply or to mitigate damage or inconvenience to the latter. These remedies vary from state to state but include, among others, allowing the tenant to withhold rent and even break ...
Why do landlords evict tenants?
For example, most states’ eviction statutes set out several legal reasons why a landlord may choose to evict their tenant (such as for nonpayment of rent or participating in illegal acts). These statutes also typically set forth the procedures for initiating and carrying out a legal eviction.
How much notice do you have to give a tenant to terminate a lease?
On average, most states require between 15 and 60 days of notice in these situations.
What is a warranty of habitability?
These standard sets, often referred to as a “warranty of habitability,” are usually divided between the responsibilities placed upon both landlords and tenants.
What are the characteristics of discrimination in housing?
Housing discrimination can be a hot button issue, which is why so many states address the matter through a purpose-driven set of statutes known as a “fair housing act.” These laws usually apply the federal Fair Housing Act to the state’s institutions to prohibit discrimination both before and during a lease agreement on the basis of the following characteristics: 1 Race 2 Color 3 Disability 4 Religion 5 Sex 6 Familial Status 7 National Origin
What happens if you have a protected tenant?
Protected tenants can create considerable problems for the owners of the property as you clearly realize. He has got a very secure tenancy and cannot really be forced out, unless there is a good ground ( or “cases” as defined in the Rent Act 1977). Cases 11 to 20 are Mandatory cases, so a Court would have to allow possession. I cannot see that any of these apply. We must therefore look at cases 1-10, where the Court has extensive powers. The details of each case must apply and the landlord has to prove it is reasonable that the landlord wants possession. There may be some fault on the tenants part associated with the case.
What to say when evicting an elderly person?
You make a case for eviction on the basis of “suitable alternative accommodation will be made available”. This does seem the answer to the situation, giving you what you want and a very nice place for the elderly person. It is a kind gesture, but you cannot force the tenant to give up his 4 bedrooms, with swimming pool, if he does not want to. He has lived in a large space for 43 years; if you serve him notice and it ends up in Court, I am not entirely sure that a tearful old man, making his case of 43 years residence, would not win. If he has family that come and stay with him, 1bedroom would not be a suitable alternative accommodation, because they will look at all factors.
Can my mother accept a new tenancy?
Your mother’s rights as a tenant would remain the same, provided she moved back to the property. She should not accept a new tenancy for temporary accommodation. The landlords could apply for a new fair rent, on the basis that the property has been improved, but even though an increase would probably be allowed, it is unlikely to take the rent up to market levels – it would take some years for it to reach the market level.
Has the present landlord ever had any safety checks undertaken?
The present landlord has never had any safety checks undertaken.
Is a suitable alternative accommodation a case for eviction?
As you are aware, your tenant has very good security of tenure. However, Suitable Alternative Accommodation is a case for eviction. However, if the tenant chooses not to accept the alternative accommodation you are offering, it would be up to a court to decide whether the alternative is ‘Suitable’ –factors taken into consideration would include distance from his social network, whether he has the same size garden, whether the new accommodation is close to the bus route.
Can you force a tenant to give up his 4 bedrooms?
It is a kind gesture, but you cannot force the tenant to give up his 4 bedrooms, with swimming pool, if he does not want to. He has lived in a large space for 43 years; if you serve him notice and it ends up in Court, I am not entirely sure that a tearful old man, making his case of 43 years residence, would not win.
Is there a difference in price with a sitting tenant?
There is generally a significant difference in price with a sitting tenant, and obviously, this is the figure you would expect to form part of the discount. As sitting tenants, you have good security and the right of first refusal. Therefore, get your figures in front of you and discuss fully with the trustees.