Rights and Duties of Landlords and Tenants Under UK Laws - Research Paper Example

 Rights and duties of Landlords and Tenants under UK Laws- An Analysis. 1. Introduction An estate in land can be considered as tenancy, which is being granted for a specific period of time – “fixed-term” or” term of years.” For instance, a tenancy may be for six months or for 12 months or for 10 years or 99 years, etc. Further, a tenancy may be given for a shorter specific period of time which is known as a “periodic tenancy which may be annual or monthly or weekly or even on a daily basis. For the benefit of “time limited “but for restricted use of and the enjoyment of the premises, the tenant has to pay rent to the landlord. According to Acts of Parliament, in all purposes and intents, during the operation of tenancy, the tenant or the occupier will be considered as the owner of the land and as such, he can perform any acts as any other owner would, as long as it falls within the conditions of the lease agreement and also according to contemporary statutory needs. It is to be observed that tenant has the right to ‘quiet enjoyment ‘which connotes the liberty to benefit from the property as any “owner” of the property would, and it should be free from the unwanted intrusion by the landlord. Further, tenancy agreements are partially contractual in nature. It is created due to an agreement between tenant and landlord and can be enforceable by a court of law. In the case of residential tenancies, they are not only governed by contracts act but also partially governed by parliament or statutory rules, which cannot be nullified by the rules of the common contract law provisions. Another significant point is that in residential tenancy agreement, the terms and conditions should be construed as “fair” and are administered by the “Unfair Terms in Consumer Contract Regulations, 1999. Further, it is to be noted that landlord attitude towards his tenant will also be governed by “the Race Relations Act, the Disability Discrimination Act and the Sex Discrimination Act”. (Direct.gov.uk) Under the demoted tenancy, a tenant will forfeit his security of tenure due to the antisocial demeanor of the member or tenant of the family unit. This has been introduced by the Anti-Social Behaviour Act 2003. (Martin & Law 163). Previously, under Rents Act 1965, all tenants are entitled to proceed and get relief under both civil and criminal remedies for harassment and unlawful eviction irrespective of the fact whether they or not they are within the Rent Acts or not. Under ch 8 (B) (1) of the provision of Forcible Entry Act, if the landlord forcibly takes the possession, he may be prosecuted. Further, harassment and unlawful eviction are crimes per se under the RA 1965, even if the tenancy falls not under the Rents Acts. The eviction is illegal where the tenancy is still in existence, or if it has ended previously, where the landlord evicts a tenant without a court order. S 30 (5) has defined the ‘Residential occupier ‘and would cover not only any tenant but also a lodger but not an unlawful squatter. The above was held in Lavender v Betts1 and Cassell & Co Ltd v Broome2. Affected tenant may pray for an injunction and for damages as it will bar the landlord for harassing or evicting the tenant or order for reinstatement of tenant if already evicted. Any breach of injunction will be construed as a contempt of court and is punishable by fine or imprisonment. Action against landlord can be initiated either in the High Court or in a county court if the damages to be claimed do not exceed £1000. It is better to sought help from a solicitor or from the law center as the procedure is more complex though it can be completed in a single day. (Smith & Hoath 160). In this research essay, I am going to analyse the duties and rights of both landlords and tenants under the UK’s laws in force in an exhaustive manner. 2. How can James be readmitted to the house? It appears from the facts of the case that James is having a fixed-term assured shorthold tenant. In such cases, Jame's tenancy will prolong as long as the fixed term lasts. James will become a periodic assured shorthold tenant, unless his tenancy is renewed for another fixed term. Since the landlord is inactive for carrying out the repairs, he can approach the “Environmental Health Officer “ or he may contact his local council and should brief them about the landlord’s non-cooperation to carry out the repairs. First of all, James should write to his landlord about the repairs to be carried out to be in the premises. He should state in his letter that there are some urgent repairs that should be carried out immediately by the land lord. Then, he should inform the land lord in that letter that the central heating system was faulty, there was condensation in the kitchen and the bathroom and broken windows was found to be cracked. He should also bring to attention of the landlord that in case if he fails to carry out the repairs within 48 hours, or he should give a specific date as a deadline and inform him that he will make the repairs on his own and will deduct the cost of such repairs from the next rent payment. James when returned home one evening to discover that the locks had been changed. The landlord left a note informing James that his tenancy has been terminated and that his personal possessions can be collected from its head office. In such scenario, James has to write a letter to his land lord namely “South Bank Properties Plc” thereby bringing the following legal provisions to their immediate attention. It is to be observed that the action of the landlord namely South Bank Properties plc was against the provisions of section 2 & 3 of the Eviction Act 1977 to recoup the ownership of residential house or premise, unless the landlord has a specific instruction or order of a court.” It is to be noted that locking out an occupant or occupant is unlawful. For this offense, the landlord and any individual who is assisting him will be deemed to have committed a criminal offence under PEA 1977(“Protection from Eviction Act “). Moreover, if a landlord or his agent attempt to cause the occupier to relinquish the inhibition or to give up any of his privileges in connection to it, then they may be ordered by a court to pay a fine not in excess of level five on the standard scale up to £ 5000 or 6-month custody for summary jurisdiction. Further, an additional civil remedy for the infringement of contract and also he can pray for damages or injunction under tort provisions or under section twenty seven and twenty eight of the Housing Act 1988 which also offer statutory damages. It is to be noted that these are extensive in nature and this relief is available in addition or instead of criminal penalties or liability. (letlink.co.uk 2009). James should inform the landlord in his letter and email and by fax that landlord should contact him in James’ phone number within 10 pm tonight, or he will be approaching the local council urgent hearing of his case and sought order from the tribunal for handing over the key or any other lock opening mechanism to be handed over to him so as to facilitate him to access his premises. Further, James should inform in his letter or notice that if any of the possessions have been intimidated or damaged, then he will apply to the “local council” for ordering compensation to him for the loss sustained in this regard. (Bellemore 246) While concluding the notice or his letter, James should inform his landlord that the issue can be solved without having his right to initiate legal action against the landlord. When the tenant of assured tenancy expires, his spouse or legal representative will have a right, in some scenario, they will be step-in to the shoes of the deceased tenant. An assured tenant cannot normally assign the tenancy without the landlord’s approval or consent. (Martin & Law 47). James should be advised to keep the copy of the above letter for his records. In case of any harassment by the landlord, James should first make a complaint to his local council. If the council do not take or initiate any action within a reasonable time, he may approach the local government ombudsmen for redressal of his grievances. In UK, there are three local government ombudsmen. These ombudsmen arrive at a decision independently without intervention of councils, governments and politicians. These ombudsmen are not consumer champions, and they do scrutinise the complaints without taking sides. As these ombudsmen are appointed by Her Majesty the Queen, they are analogues authority like that of the High Court so far as to gather documents and information. One another specialty is that their verdict is not appealable even though it can be challenged in High Court if one consider that its verdict has a legal blemish. One another specialty is that this service is free. (lgo.org.uk 2009). The following case is the best illustration how ombudsmen help to resolve the landlord harassment issues. One land lord namely C harassed one Mr. A and Ms B. C also forwarded text messages to these people and also demanded rent and also threatened them to initiate possession schedules and also he visited the workplace of Ms B. It was also complained by Mr. A and Ms B that C trespassed into their flat to assault and threaten Mr. A and stole personal possessions and money. Even after the lapse of three months, the local Council did not initiate any action against C on the complaint filed by A and B. Finally, the investigation started and the council informed that an officer would follow up with C. However, there was no action even after another four months. By this time, C had changed the locks on the flat and evicted A and B unlawfully. Finally, the Council indicted the landlord and however, the Ombudsmen found the Council did not properly deal with the case and ordered that council should pay £ 750 to A and B for the mental stress that they had undergone. (lgo.org.uk 2009). 3. Has his tenancy been lawfully terminated? A rental agreement can be terminated by the land lord on the following grounds: a) that the landlord needs the premises for his personal dwelling b) non-payment of rent c) the tenant may become a nuisance or nuisance neighbhour and d) an alternative accommodation is available and in this case, the court has discretion to decide about the same. (Martin & Law 47). A shorthold tenant can be evicted fairly easily by landlord. One of the reasons for eviction is rent arrears, or if you press for repairs. However, the landlord has to give a written notice if he wants to evict the tenant. If you have any rent arrears, a two week’s notice will be served by the landlord for eviction. However, if there is no valid reason, then the landlord has to serve a two month’s notice. Further, a landlord has to get an order from the court for regaining the possession of his property. The court order is known as a possession order. A shorthold tenant can be ordered to evict by a court if a correct procedure is followed by a landlord. In such cases, a tenant can only request the court to delay the eviction order for up to six weeks. A tenant will have the right to present his argument before the court against any eviction move by the landlord. If a tenant does not protest or represent his views before the court, a court order may be passed for eviction and the landlord can get bailiffs to remove a tenant physically from his property. (England.shelter.org.uk 2009). In this case, since the landlord has not given any notice or has not approached the court for a possession order, Jame's tenancy has not been legally terminated. 4. Does he have security of tenure and (if so) what does this mean? The phrase “Security of tenancy” means a tenant is having the right to remain in the rented premises up to his lifelong and even can pass it on to his relative after his demise. The provisions of the Housing Act 1988 offer some security of tenures to the tenant. To be eligible for an assured tenancy, the residential building must have been let as a separate home within some rateable value limits. If the landlord lives in the same building, there will be some exceptions. Thus, a security of tenure is literally mean the right of occupation or the security given to individual or group of persons by virtue of common legislation and law. a) Occupier for the purpose of “security of tenure “is categorised into the following five broad varieties of the occupier:: b) A long leaseholder b) a free holder c) a licensee d) a tenant and e) a trespasser. In street v Mountford , in 1985, the House of Lords held that there are three factors, which are essential to define what a tenancy mean: 1. A commitment to pay rent 2. It should be for an unambiguous term. 3. It should involve restricted possession. Restricted or exclusive possession means a right to privacy, which will keep out others. In Curl v Angelo [1948], held that even a single room in adequate to form a dwelling and hence a sufficient accommodation to turn to be a tenancy. It is to be remembered that “ Security of Tenure “ is all about the privileges of tenants and everything must be carried out by a due process and if any procedure is not followed by the landlord, then will be thrown open to prosecution. From March 1997, under the Housing Act 1996, all new residential buildings are qualifying for “assured short hold tenancies only, unless there is a specific expression that the parties are binding by an assured tenancy. 5. What remedies does he have in relation to the disrepair? Section 135 of the Housing Act 1996 speaks about the right to carryout repairs so as to secure tenant’s occupancy and their right to undertake repairs of the premise. Tenant remedies for disrepair by the Landlord: The tenant can recoup financial reimbursements for losses sustained by him due to failure of landlord to repair the premises and if losses are normally predictable. The main purpose for damages is to recoup the tenant to the status he would have been if there is not an infringement of repairing conditions. The quantum of damages will include the expenses incurred by the tenant for repairing the premises on behalf of the landlord. The damages may include the damages for the discomfort of residing in homes that were not repaired, the cost of recouping the internal decoration, the cost of shifting and renting an alternate residence, the compensation for injury to health and the cost of storing furniture. Whether withholding rent for repairing is a right option? Occasionally, tenants may hold back rent on the rationale of employing the rent to pay for repairs that the tenant argues that the landlord should have carried out. However, in the ordinary sense, a tenant has no legal privilege to set-off in this manner. In some exceptional scenario, a tenant may utilise the rent to offset rent arrears or pay for the repairs where the landlord has clearly infringed a repairing duty and has refused or failed to carry out the repairs. Such right can be exercised by the tenant only in the scenario described above. A tenant who wishes to carry out repairs out of withheld rent amounts should follow a well defined procedure in this regard. Thus, the tenant should give prior intimation to his landlord that he plans to complete the repairs for himself and my forward any estimates so that to facilitate the landlord an opportunity to complete the repairs. Alternatively, tenant may apply to a court to order for specific performance of the contract by the landlord to carry out the repairing commitments. (Letlink.co.uk 2009). 6. What duties, if any, are owed under the homeless legislation? Part VII as modified by the Homelessness Act 2002 together with the Housing Act 1996 spells out obligations owed in this regard. A tenant may be regarded to be homelessness or facing menace with homelessness if he is probable to become homelessness within next 28 days or eviction notice is served on him. A homelessness situation may arise that if a court has made an order that a tenant should leave on the petition by a landlord. However, a tenant may not get the benefit of homelessness if he has deliberately refused to pay his rent to the landlord. James will be considered as Homeless under the definition of the amended by “the Homelessness Act 2002” together with the “Housing Act 1996”.The provision shall also extend to any tenant if he has been locked out of his home and is not allowed back entry to his home. Further, James would be considered as a person in priority under the above act need as he is having mental health issues. (Oldham.gov.uk 2009). Under the provisions of the Protection from Eviction Act 1977, a landlord will be regarded as a defaulter if he indulges in the following; To initiate actions, which are expected to meddle with the comfort or peace of an occupant or anyone residing with her or him or not; or Continually withhold or remove services for which the tenant has a rational need to live in the building as a home. The landlord has the duty and should be aware that it is a crime to carry out any of the things described above knowing, intending, or having rational reason to consider, that they would make the tenant to depart their home, or prevent enjoying part of the same, or prevent carrying out the things a tenant should usually anticipate to be able to do. It is also a crime to usurp somebody’s home away from her or him unlawfully. The specific crimes are detailed in the Protection from Eviction Act 1977, which has been made still strong by the Housing Act 1988. A maximum fine of £5,000 for an offence under the Act may be levied to an individual who is found guilty by magistrates or can be sentenced with an imprisonment for six months, or both. If the case is appealed to the Crown Court, the sentence can be levied with an imprisonment for two years, or a fine, or both. List of References England .Shelter .Org.Uk. (2009). Assured Shorthold Tenancies. [online] available from (accessed on 16 March 2010). Letlink.co.uk (2009). Landlords’ Repairing Obligations. [online] available from (accessed on 16 March 2010). Letlink.co.uk. (2009). Unlawful Eviction. [online] available from (accessed on 16 March 2010). Local Government Ombudsman. (2009). About us: Key facts about the Ombudsmen. [online] available from< http://www.lgo.org.uk/about-us/> (accessed on 16 March 2010). Local Government Ombudsman. (2009). Complaints about harassment by your landlord. [online] available from (accessed on 16 March 2010). Marting, Elizabeth A & Law, Jonathan. (2009). A Dictionary of Law. Oxford: Oxford University Press. Oldham.gov.uk (2009). Supporting Homeless People. [online] available from < http://www.oldham.gov.uk/print/living/housing/housing-homeless-support.htm> (accessed on 16 March 2010). Smith Chris & Heath David C. (1975).Law and the Underprivileged. London: Routledge & Taylor’s Group. Read More