Download Housing law and practice. [2011] by Gail Price; College of Law (England and Wales) PDF

By Gail Price; College of Law (England and Wales)

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Extra resources for Housing law and practice. [2011]

Sample text

3 at (h)) within the preceding 12 months. 5 Ground 5 – recovery of premises for a minister of religion Where the landlord has given written notice at the beginning of the assured tenancy that the dwelling-house is held for the purpose of being available for occupation by a minister of religion as a residence from which to perform his duties then, provided the court is satisfied that possession is required for this purpose, the landlord can obtain possession under this ground. 6 Ground 6 – recovery for redevelopment This ground applies where a landlord, who did not acquire his interest for money or money’s worth after the tenancy was created, wishes to demolish, reconstruct or carry out substantial works to the whole or a substantial part of the dwelling-house and cannot do so without 18 Housing Law and Practice obtaining possession.

In practice, therefore, for housing law purposes, the residential occupier of a long leasehold estate is more properly regarded as an owner occupier, separate and distinct from the residential occupier of a periodic or short-term lease of property. 1 The notice requirement for periodic tenancies There is also a difference between a fixed-term tenancy and a periodic tenancy in the way that they are terminated. At common law, a fixed-term tenancy expires at the end of the term, the period agreed at the beginning.

2 Assured tenancies Section 1 of the HA 1988 provides that a tenancy under which a dwelling-house is let as a separate dwelling will be an assured tenancy if and so long as: (a) (b) (c) the tenant or each joint tenant is an individual; and the tenant or at least one joint tenant occupies the dwelling as his only or principal home; and the tenancy is not excluded by Pt 1 of Sch 1 to the HA 1988 from becoming an assured tenancy. The wording of this provision is very similar to that in s 1 of the RA 1977, which has had exhaustive case law adjudicating on each part of the definition.

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