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Residential Tenancies Housing Act 1988 Part 2 Notes

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This is an extract of our Residential Tenancies Housing Act 1988 Part 2 document, which we sell as part of our Landlord and Tenant Law Notes collection written by the top tier of Oxford students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Landlord and Tenant Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

INTRO

Before 1980 a public tenant had no statutory security of tenure - it was generally believed that LAs, as non-profit-making organisations providing housing for the less privileged, could be relied upon to exercise their powers fairly. Also always had JR, which was considered sufficient (Bristol DC v Clark)

Part I Housing Act 1980 introduced the right to buy provisions and introduced security of tenure - these measures now contained in the Housing Act 1985.

Worth remembering that the purpose of the legislation is not to protect tenants from unscrupulous landlords but to provide a regime within which the public sector can effectively perform the function of providing housing for the less privileged.

Has been subject to loads of amendments; notably:

Housing Act 1988 - shifted housing associations from the public to the private sector
Housing Act 1996 - introduced a new ground for possession and provided a procedure by which tenancies can be granted on a trial basis
Anti-social Behaviour Act 2003 - introduced a range of measures to assist landlords in dealing with anti-social tenants
Civil Partnership Act 2004 - rights of same sex partners, amending 1985 act to bring them up to the same standards/
protections as marriage
Housing Act 2004 - gives L power to extend the trial period of an introductory tenancy
Housing and Regeneration Act 2008 - closed the gap in the 1985 act which allowed tenants to continue in occupation with no security following the making of a suspended possession order. SECURED TENANCY - s.79(1)
A tenancy under which a dwelling-house is let as a separate dwelling is a secure tenancy at any time when the conditions described in sections 80 and 81 as the landlord condition and the tenant condition are satisfied. "tenancy… dwelling house is let as a separate dwelling."

Same words but notable differences

s.79(3)
The provisions of this Part apply in relation to a licence to occupy a dwelling-house
(whether or not granted for a consideration) as they apply in relation to a tenancy.

(licences not excluded)

All cases in relation to the Housing Act 1988 an Rent Act 1977 apply here - Uratemp
(2001) "at any time when"

Ambulatory provision - you can go in and out of tenancy, and thus in and out of the protection of the act if the Landlord and/or Tenant conditions cease to be met
(Basingstoke and Deane BC v Paice (1995))

"The use of the term "at any time" in section 79(1) shows that the section is to have ambulatory effect. Occupiers, that is to say, may be liable to pass in and out of secure tenant status —
depending upon whether their landlord for the time being is or is not a local authority; or upon changes in the tenant's own circumstances taking him in and out of the tenant condition." (Waite
LJ) "The Landlord Condition"

L must be one of the prescribed public bodies set out in s.80(1).

If PQ says County Council, City Council, District Council then it will fall into this -
don't need to know any more than this. "the tenant condition" - s.81
The tenant condition is that the tenant is an individual and occupies the dwelling-house as his only or principal home; or, where the tenancy is a joint tenancy, that each of the joint tenants is an individual and at least one of them occupies the dwelling-house as his only or principal home

This requirement is exactly the same as that demanded for eligibility as an assured tenant under the
HA 1988.

Lambeth LBC v Kay [2004] - Where the secure tenancy is a sub-tenancy, and the intermediate lease is terminated, the tenant will cease to be secure, even where the head landlord is also a public authority.

Case law exactly the same as it was under the 1988 act.

You do need a direct L&T relationship between the parties - Kay, follow up to Bruton tenancy resident claiming his landlord had granted a secure tenancy, he had no statutory protection against freeholder, there is no landlord and tenant relationship as the freeholder only granted a licence Secure Licences

s.79(3)-(4) - a licensee may be a secure tenant
(3) The provisions of this Part apply in relation to a licence to occupy a dwelling-house (whether or not granted for a consideration) as they apply in relation to a tenancy.
(4) Subsection (3) does not apply to a licence granted as a temporary expedient to a person who entered the dwelling-house or any other land as a trespasser (whether or not, before the grant of that licence, another licence to occupy that or another dwelling-house had been granted to him).

Significance of (3) restricted considerably in Westminster CC v Clarke (1993) - held that a licensee could be a secure tenant only if (unusually) he or she had exclusive possession of a separate dwelling house. If considered in light of Street v Mountford (in majority of cases EP will be a tenancy) it becomes clear that circumstances in which a licensee will be a secure tenant are very limited.

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